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UNIVERSITY OF ILLINOIS 
LIBRARY 


Class Book - Volume 


352.0763 L930r =: 1889 


Je 05-10M 


iets 
ae 


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Digitized by the Internet Archive 
in 2022 with funding from 
University of Illinois Uroana-Champaign Alternates — 


htips://archive.org/details/louisvillecitycoOOloui — 


PUBLISHED BY AUTHORITY OF THE GENERAL COUNCIL. 


THE 


LOUISVILLE 


meray CoC) |) BK: 


LAWS OF THE CORPORATION IN FORCE OCTOBER Tf, 1884; INCLUDING 
THE. ACTS OF THE GENERAL ASSEMBLY OF KENTUCKY, 
OF SPECIAL LOGAL APPLICATION, AND 
THE GENERAL ORDINANCKS OF 
THE CITY COUNCIL. 


v PREPARED BY 


GILBERT BURNETT. 


LOUISVILLE: 
PRINTED Be ty 170. 
1884. 


CoURIER-JOURNAL JOB PRINTING ComPANY, Book AND JOB PRINTERS, BINDERS, ELECTROTYPERS, AND ENGRAVERS, 
CouURIER-JOURNAL BUILDING, LOUISVILLE, Ky. 


\ Or A-veu 


SST.OFYES| 
WaAAoc 
\B8A 


ADVERTISEMENT. 


The following compilation and digest of the acts and ordinances 
of The City of Louisville has been prepared in pursuance of a joint 
resolution of the General Council, approved December, 8, 1883. This 
resolution reads : 


‘* Resolved by the General Council of The City of Louisville: That 
His Honor the Mayor be and he is hereby authorized and directed 
to employ some competent person to prepare a digest and compilation 
of the charter, laws and ordinances of The City of Louisville; said 
compilation and digest to be made under the supervision of the City 
Attorney. COEASY DO LACOB: 

Approved Dec. 8, 1883. | Mayor.’ 


Having been employed by the Mayor, under this resolution, the 
editor at once entered upon the labor of reducing to the proportions 
of a convenient reference-book all the acts of the General Assembly 
relating particularly to The City together with all City ordinances 
of a general nature. 

The difficulties met with have been considerable, owing, firstly, to 
the character of the legislation concerning The City in past years and, 
secondly, to the absence of precedent in codification. The unsys- 
tematized condition of the City laws had become such as occasioned 
an imperative demand for a codification. The satisfaction of this 
demand was contemplated in the resolution referred to, and the com- 
mission has been executed, it is hoped, with a proper appreciation 
of the object. To preserve the first distinctive feature of a code, 
convenience and the facilitating of reference have been valued above 
unnecessary formal completeness. There are always other and more 
authoritative sources of information than a code when questions of 


§2563 


VI ADVERTISEMENT. 


form arise. The text of the acts and ordinances has been preserved 
scrupulously, and all the laws governing The City have been collected 
and classified. There has been no omission except in instances of 
manifest and undoubted repeal, and though some few examples of 
perfectly obsolete law may be found they are none the less unrepealed 
and hence still entitled to their place on the statute-book. Where 
parts of acts or ordinances ona single subject have been repealed, 
they have not been omitted from the text when their presence is at 
all essential to the understanding of the rest of the act or ordinance. 

In the labor of preparation the editor has had the advantage, not 
only of constant consultation with the City Attorney, but also of the 
courteous assistance of the various departments of the City govern- 
ment, and it is believed the codification as now finished may be re- 
ceived as the complete body of laws governing The City of Louisville. 

The decisions of the appellate courts of Kentucky especially affect- 
ing the interests of the inhabitants of Louisville have been carefully 
collated, beginning with the year in which The City was first incor- 
porated and extending down to the present time. The law reports 
have been searched page by page, and the judicial decisions and 
dicta which have been gathered will be found to constitute in them- 
selves a complete system of jurisprudence. In addition to the 
reported decisions a large number of manuscript opinions have been 
inserted entire and many others quoted from. The obvious import- 
ance of these decisions, judicially construing, explaining, and limit- 
ing the City laws, renders them well deserving the space accorded 
them. 

In view of the fact that these acts and ordinances are always sub- 
ject to repeal and alteration by the legislature, State or local, the 
printer has, at the instruction of the editor, left an extra wide margin 
to the page so that pasting in and annotating may be practised with- 
out greatly marring or defacing the book. 

LOUISVILLE, Ky., OCTOBER 6, 1884. 


Chapter. 


97.9 Gal Bs 
XIX. 
Be. 
XXI. 
XXIT. 
XXITTI. 
XXIV. 
XXV. 
Bon VL: 
XXVIT. 
AXVIII. 
X XIX. 


TABLE OF CONTENTS. 


ACTS AND ORDINANCES, - 
ADVERTISING, - z = 
ASSESSOR, - r 2 = 
AUDITOR, - - = : 


BOUNDARY AND SUBDIVISION, 


BRIDGES AND FERRIES, - 
BUILDINGS, - - - - 


BURIALS AND BURYING-PLACES, 


CANALS, - - 7 . = 


CHARITIES AND CORRECTIONS, 


CISTERNS, WELLS, AND HYDRANTS, 


CUeeA TTORN Wyew viel 
SL MO MMM a tes eielies. fate 2 
CONDEMNATION, <= - 
GEINUM IA RCAC Tere On | aria rin 
CORPORATE POWERS, — - 
COUNTY RELATIONS. 0s > < 
GCOURTS:OR UAW, ee. Pe 
TUE LO Nee eae oe 
RINGIN DER eae ieee =e 
FEDERAL RELATIONS. : 
RENAN GE met ete ome ay hoe 
FINES AND MISDEMEANORS. 
WER S hats 2 eae ee see 
(CABS Bae etre an te Mig gt 
GENERAL COUNCIL, : 
FL YOA 0H eens Sree 
INSPECTION, WEIGHTS, AND 
TIGR NAWC foie eit nent eG 


MEASURES, 


Pages. 
1 9) 
6 t 
Seng te! 
Oe hed ha, 
Ein eae 
33 ati) 
56 61 
[cain « ¥ 
3 86 
87 136 
137 148 
149 150 
151 154 
155 158 
159 167 
168 1738 
174 »179 
180 201 
202 216 
211i 220 
Bad -Q26 
226 269 
270 296 
297 ~ B04 
305 38387 
3388 361 
362 370 
dil 393 
3894 428 


VIIlL TABLE OF CONTENTS. 


Chapter. 
XXX. MARKETS, - - - = “ = “ 2 - 
XXXII. MAYOR, - - : - = = : 3 : 
XXXII. MECHANICS, LABORERS, AND MATERIALMEN, 
XXXII. OFFICES AND OFFICERS, - - = : : < 
XXXIV. POLICH, - 2 . = = a a 2 f 
XXXV. PUBLIC BUILDINGS AND GROUNDS, - - - 
XXXVI. PUBLIC WAYS, - - - 3 < s = 5 
XXXVII. RAILROADS (STEAM); - s : & - E 
XXXVI. RAILWAYS (STREET), - 2 is 2 by : 
XXXILX. RECEIVER OF TAXES, - - # ‘3 « Z 
XL. REGISTRATION, - - - y . Ss : 
Adi (SCHOOLS, = - - : z 2 st = = . 
XLII. SEWAGE AND DRAINAGE, - 2 E e - 
MLL “SINKING POUND, - 2 2 = z : Z 
XLIV. STREET IMPROVEMENT. - 2 2 z 2 
XLV. TAXATION, - - = « a és = = rs 


XLVI. TELEGRAPH, TELEPHONES, AND CONDUITS, - 
XLVII. TRANSFER AND TRANSPORTATION COMPANTES, 


XLVIII. TREASURER, SMES ROSE eras eae Sea 
ACD. VEHICLES, o's RG US Oa ine. ea ae an 
LO WATER, “sia ee are Un a. ance 
LI. WHARVES AND HARBORS, SEN wo Mites eaten 

LII. MISCELLANEOUS AND SUPPLEMENTAL, -— ~ 
AP PEN DLs yl etth. vere. ger gee 891 


INDEX, - - - - - ~ - 915 


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GABA PERL. 


ACTS AND ORDINANCES. 


Chey NER Ne: « 


1. The publication of ordinances 
in newspapers and, annually in book 
form. 


2. The compilation of the City 
laws by Elliott and the published 
proceedings of the Council declared 
to be prima facie evidence. 

3. Effect of the charter of 1870 


upon the then existing acts and ordi- 
nances. 


4. Amendments to the charter 
may be proposed by the General 
. Council and submitted to the voters 
of The City at any general election. 


5. A convention may be called by 


the Council to amend the charter or 
prepare a new one. 

6. The repealing clause of the 
charter of March 8, 1870. 

7. The City Attorney to superin- 
tend the publication of ordinances 
and see to their indexing. 


8. The special compilation of the 


charter and ordinances of 1873, au- | 


thorized. 

9. The meaning of certain words 
and provisions in ordinances de- 
clared. 

10. Minors liable to prosecution 
for breach of ordinances. 


1. All ordinances, before they are enforced, shall be 
published at least once in one or more of the daily papers 
printed in Louisville having the largest permanent circu- 
lation in said City, such newspaper or papers to be 
selected annually by the General Council upon joint viva 
voce vote, or otherwise, as may be fixed by ordinance. ! 
And ordinances passed during the year, and in force at 


14 publication of the levy ordinances of The City of Louisville on Sunday 
and no other day, before seeking to enforce them, is not such a publi- 
cation as the City charter requires or the law of this State approves. Sunday 
is not a judicial day, nor is it a day upon which any work, labor, or calling 
can be legally pursued, unless of necessity or charity. Such publication is 
of itself a violation of law, and no citizen, by any law of this State, is bound 
to read or take notice of it.—Ormsby and others v. City of Louisville, 
79 Ky., 197. 

be 


An act es- 
tablishing a 
new charter for 
Dhe ity of 
Louisville. 


Approved Mar. 
3, 1870. Sec- 
tion 5. 


ACTS AND ORDINANCES. 


An act to 
amend an act 
entitled An act 
establishing a 
new charter for 
The City of 
Louisville, 
approved Mar. 
83,1870. Ap- 
proved Mar. 3, 
1871. Section 
a2 


An act es- 
tablishing a 
new charter for 
The Oity of 
Louisville. 
Approved Mar. 
3, 1870. Sec- 
tion 108. 


the end of the term of service of the Councilmen, shall 
be published as are the acts of the General Assembly of 
the State, for the use of the members of said Council, 
and for such distribution as may be deemed proper. 


2. The charter, laws, and ordinances of The City of 
Louisville, as published in Elliott’s digest of the charter, 
acts, and ordinances of the said City, from the year 
seventeen hundred and eighty to the year eighteen 
hundred and sixty-nine, shall be regarded as correct, and 
shall be held and received as prima facie evidence in the 
courts: of the State of Kentucky ; and the proceedings. 
of the General Council of said City as heretofore pub- 
lished in the newspapers of said City, selected and de- 
clared by the General Council to do the printing and. 
publishing of said City, shall be had and received as evi- 
dence prima facie in the courts of the State of Kentucky. 


38, All ordinances of The City of Louisville now in 
force and not in conflict with this charter shall continue: 
in force until repealed by the General Council. And all 
laws of this commonwealth vesting rights in or enjoining 
duties upon citizens of this commonwealth, not herein 
superseded or repealed, shall continue in force until spe- 
cially repealed by the General Assembly of Kentucky. 


2 By the adoption of the General Statutes of Kentucky, April 22, 1873, all 
statutes of a general nature then in force and repugnant thereto were re-- 
pealed, excepting: (a) All statutes of Virginia or of this commonwealth in 
relation to former appropriation of the vacant lands of this commonwealth. 
(6) All statutes of a merely local relation to any county, city, or town, or re-- 
lating to the powers, privileges, and franchises of any corporation; all statutes 
in relation to the Institution for the Education of the Blind at Louisville,. 
the American Printing House for the Blind, banks, the internal improvement. 
system, insurance, and the Insurance Bureau. (c) All statutes in relation to 
any court, and the proceedings therein, in The City of Louisville and County 
of Jefferson, or of any city, town, or police court, and the officers thereof, 
and all statutes regulating the terms thereof. (d) The provisions of the codes. 
of practice in civil and criminal cases, so far as the same are consistent with 
the General Statutes.—General Statutes, p. 137. See Kastenbine v. Louis- 
ville, Court of Appeals, Feb. 4, 1882, unreported. The general law controls 
local statutes, unless there is manifested in the latter a special intent to repeal 
the general law.—Commonwealth v. Pointer, 5 Bush, 301. Where the char- 
ter of a city has been repealed, and a new act of incorporation granted, it is- 


ACTS AND ORDINANCES. ° 


3 


4. The General Council may, at any general election 
for State or City officers, submit to the qualified voters of 
said City any amendments of this charter; and if a ma- 
jority voting at such election vote for such amendments, 
it will when enacted by the legislature of Kentucky form 
a part of this charter. 


5. Said Council may call a convention of delegates 
from each ward, to be elected by the qualified voters 
thereof, at such time as may be prescribed, at the places 
of election for City officers, and to be conducted as said 
elections. Said convention shall assemble and be organ- 
ized as may be prescribed by ordinance, and may amend 
this charter or prepare a new one, which shall be submitted 
to the qualified voters of The City at the general elec- 
tion for City officers, or on a day specially fixed by the 
convention ; and if approved by a majority of said voters 
voting for or against the same, and enacted by the legis- 
lature of Kentucky, the same shall form a part of or su- 
persede this charter. * 


the creation of a new city government, with its civil and police jurisdiction, 


as well as the manner of electing all of its officers, when not in violation of 


the constitution.— Boyd v. Chambers, 78 Ky., 140. But a statute is not re- 
pealed by implication unless there is such a positive repugnancy between its 
provisions and that of a subsequent statute that they can not stand together 
or can not be consistently reconciled.—Loran v. Louisville, Court of Appeals, 
Sept. 28, 1882, unreported. If a city ordinance provide a penalty for the 
commission of an asssault and battery within the city it does not repeal or 
supersede the general law previously in force on the subject. Either law 
may be enforced, but a conviction under one is a bar to a proceeding under 
the other.— March v. Commonwealth, 12 B. Mon., 25. Usually general legis- 
lation does not apply to specific acts; and it would be carrying the doctrine 
of implied repeals further than is warranted by any adjudged case to hold 
that the charter of a private corporation has been repealed or modified by a 
general act relating to an entirely different subject, when the provisions of 
both acts can not be readily reconciled. So, the Louisville City charter did 
not repeal the charter of a railroad company with which it conflicted in some 
of its provisions.—Tyler’s Ea’tr v. E. § P. R. R. Co., 9 Bush, 510. 

3 The citizens of every local municipality owe public duties to the cor- 
porate body of which they are members; many of these duties have to. be per- 
formed without compensation: of this character are the duties devolving 
upon those citizens assembling under an ordinance or commission for the 


purpose of framing a local charter.—City of Louisville v. Baird, 15 B. 
Mon., 426. 


An act es- 
tablishing a 
new charter for 
The City of 
Louisville. 


Approved Mar. 
3, 1870. Sec- 
tion 123. 


Id.,Section 124. 


ACTS AND ORDINANOES. 


An act es- 
tablishing a 
new charter for 
The City of 
Lowitsvilile: 
Approved Mar. 
3, 1870. Sec- 
tion 126. 


An ordinance 
requiring 
the new char- 
ter, with the 
amendments 
thereto, togeth- 
er with certain 
ordinances of 
The City of 
Louisville, to 
be published, 
with proper in- 
dex. Approved 
Jato 22, ore. 
Secs. 1 and 2. 


Id., Section 38. 


An ordinance 
declaring the 
meaning and 
effect of certain 
words and pro- 
visions in ordi- 
nances. 


6. All laws and parts of laws having special appli- 
cation to The City of Louisville, in so far as the same are 
in conflict with this charter, are hereby repealed. 4 


7. All ordinances published hereafter, in pursuance of 
the provisions of Section 5 of. the new City charter, shall 
be so done under the superintendence of the City Attor- 
ney, whose duty it shall be to employ a competent person 
to prepare a full and accurate index to the same before 
the publishing thereof. It shall be the duty of the City 
Attorney to perform a like service in regard to the ordi- 
nances hereafter passed and published, as required by 
the fifth Section of the said charter. 


8. Together with the ordinances of the year 1872, now 
to be published, shall also be published all ordinances 
now in force (and not contained in Elliott's digest of the 
charter, acts, and ordinances of The City), and also the 
new City charter, with all the amendments thereto, the 
whole to be published in one volume and indexed as re- 
quired by the first Section of this ordinance. 


9. Words used in ordinances in the past or present 
tense, include also the future. The masculine gender in- 
cludes the feminine and neuter. The singular number 
includes the plural, and the plural the singular. The 
word person includes a corporation as well as a natural 
person; writing includes printing or printed paper ; 
Council, of itself, mean the General Council, and words 
descriptive of acts, duties, or officers in general, refer to 
acts, duties, or officers within or of The City of Louisville. 
Authority conferred upon a number of persons as an 
ageregate body or board, may be exercised by the ma- 
jority of a quorum, said quorum being a majority of the 


* Decisions and dicta upon the question of repeals by the present charter 
of The City may be found in the following cases: Meddis v. Obst, Court of 
Appeals, November, 1873, unreported; Duncan’s Trustee v. Louisville, Court of 
Appeals, November, 1878, unreported; Tyler's Ex’tr v. E. § P. R. R. Co., 9 
Bush, 510; Craycroft v. Selvage, 10 Bush, 696; and Davis, Moody § Co. v. 
Louisville, Court of Appeals, Feb. 24, 1883, unreported. 


ACTS AND ORDINANCES. 


body duly convened. Words enacting fines, penalties, 
or payments, include any enactment that they may be 
prosecuted for, by and in the name of The City before 
the City Court. ® 


10. Minors shall be liable to be prosecuted for breaches 
of ordinance in the same manner and to the same effect 
as adults. 


' Bas>See ADVERTISING—CouRTS OF LAW—FINES AND MISDEMEANORS— 
GENERAL OCouncIL—HEALTH—MARKETS— POLICE. 


5 An ordinance of a municipal corporation must conform strictly to the 
provisions of the statute giving power to pass it, or it will be void—Kniper 
v. City of Louisville, 7 Bush, 599. City ordinances, penal in their character, 
are to be construed strictly.—Krickle v. Commonwealth, 1 B. Mon., 361. The 
Mayor and Council of Louisville have the power to define the acts which they 
intend to prevent by their ordinances and the act defined is the offense.—City 
of Louisville v. Roupe, 6 B. Mon., 591. 


An ordinance 
as to the liabili- 
ty of minors to 
be prosecuted. 
Approved Oct. 
17, 1853. 


An act to 
amend an act 
entitled An act 
establishing a 
new charter for 
che City of 
Louisville, ap- 
proved Mar. 3, 
1870. Approv- 
ed Mar. 3, 1871. 
Section 10. 


‘An. ach to 
amendthechar- 
ter of The City 
of Louisville. 
Approved Mar. 
29, 1879. 


GHA hy dle 


ADVERTISING. 


CONTENTS. 


1. The matters designated by law 4, Election of newspapers to do 
to be published in newspapers to be | the public advertising. 
published in certain papers and at | 
certain rates. 
2. Publication of the delinquent | 
tax-lists. | 
3. Council proceedings not to be 
published unless ordered. 


5. The compensation for adver- 
tising. 

6. Bills and claims for advertising 
to be presented in a certain manner. 


7. Former ordinances repealed. 


1, From and after the passage of this act it shall not 
be necessary for the City Council to have published and 
printed the journal or proceedings of the General Coun- 
cil; but all other matters required by the provisions of 
the charter or ordinances to be printed and published 
shall be so printed and published in at least two papers 
in said City of Louisville having the largest dona fide 
circulation in said City, one of which shall be printed in 
the English and the other in the German language; pro- 
vided that the rates to be paid for said publication shall 
not exceed the lowest cash rates paid by yearly advertis- 
ing for the same amount of space, the same to be attested 
by the affidavits of the owners and proprietors of the 
newspapers in which said publications are made. 


2. Section 2 of an act, entitled ‘‘An act to amend the 
charter of The City of Louisville,’’ approved March 3, 
1876, is so amended that the Receiver of City Taxes shall 
give notice of the delinquent tax-Jist by one insertion in 


ADVERTISING. 


one newspaper of general circulation printed in the Eng- 
lish language, and one of general circulation printed in 
the German, in said City. This act shall be in force from 
its passage. 


3. Hereafter the proceedings of the General Council 
shall not be published at the expense of The City, unless 
so ordered by the General Council. 


4. The General Council shall, in the month of May, 
1883, and annually thereafter, elect four daily papers, 
three printed in the English language and one printed 
in the German language, eligible to do the public adver- 
‘tising. 

9. The compensation to be allowed for the City adver- 
tising shall not exceed the rate of seventy-five cents per 
square measurement. 


6. Every bill for public advertising presented to the 
General Council shall have appended to it the affidavit of 
one of the publishers of the newspaper presenting the 
bill, stating that the affiant is one of the publishers of 
said newspaper, and that the bill presented is at the rate 
of seventy-five cents per square. 


7. Ordinance No. 729, entitled ‘‘An ordinance to regu- 
late the public printing,’’? approved March 26, 1880, and 
all ordinances and resolutions relating to public printing 
at the expense of The City, are hereby repealed. 


Bas See ACTS AND ORDINANCES— CONTRACTS — ENGINEER— PUBLIC 
Ways— RECEIVER oF TAXES—WATER. 


An ordinance 
to regulate the 
public print- 
ing. Approved 
May 7, 1888. 
Section 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved Mar.18, 
1876. Sec. 1. 


Id., Sections 
2,38 and 4, 


An act to re- 
vise and amend 
the tax laws of 
The City of 
Louisville. Ap- 
proved May 12, 
168A eA rt. 211, 
Section 1. 


@iebouetbet- abi. 


ASSESSOR. 


CONT HINES: 


1. The Assessor to be elected by 
the General Council. 


2. First election and term of office. 

3. Assessments. 

4, Land, improvements, personal 
property, and investments to be as- 
sessed as of the first of September 
annually. 

5. Assessment books. 

6. Mistakes in assessments. 

7. Assessment maps. 

8. Duties of the Assessor and As- 
sistants in reference to property-lists; 
returns to be made under oath. 

9. Failure or refusal to return sworn 
list a misdemeanor; fine and punish- 

; p 
ment. * 


10. Ascertainment of changes in 
the ownership of property. 


11. Persons and property escaping 
assessment. 


12. Abatements and deductions. 


13. Record of certain sales and of 
deeds executed to The City. 


14. Property which has been sold for 
taxes, until redeemed, to be assessed 
against the holder of the tax-title, ex- 
cept when The City is that holder. 


15. Tax-register, showing trans- 
fers of real estate, and delinquent: 
taxes. 

16. Assistant Assessors provided 
for. 

17. Oath of office of the Assessor. 


18. It is made unlawful to mark, 
deface, disfigure, or destroy any map 
or record of the Assessor’s depart- 
ment; fine. 


1. Hereafter the Assessor of The City of Louisville 
shall be elected by the General Council of said City, by 
viva-voce vote, in joint session. 


2. The first election of said Assessor under this act 
shall take place on the first Tuesday in December, 1877, 
and on the said first Tuesday in every two years there- 


after. 
are hereby repealed. 
after its passage. 


All laws and parts of laws in conflict with this act 
This act to be in force from and 


3. The assessments of real and personal property shall 
be made by the Assessor, who shall hold office, and 
whose successor shall be elected under existing laws. 
The Assessor and his assistants, clerk and draughtsmen 


ASSESSOR. 


shall be compensated under ordinance of the General 
Council. He may from time to time appoint as many 
assistants as the General Council shall prescribe, and 
their appointment must be approved by the General 
Council, which body may also, for cause, remove them. 
The General Council may allow him to employ clerks 
and draughtsmen not having the powers herein vested in 
his assistants. But railroads shall be assessed as hereto- 
fore under Chapter 764 of the Acts of 1878. 


4. For the purpose of assessment, the soil shall be 
known as ‘‘land,’’ and everything attached thereto or 
built thereon shall be known as ‘‘improvements,’’ and 
such improvements, when owned by the tenant, may be 
assessed in his name apart from the land. The articles 
other than land and improvements enumerated in Section 
5 of Article 11 shall be known as ‘‘ personal property,”’ 
and the effects made taxable by Section 6 of said Article 
as ‘‘investments.’’ The Assessor shall assess at its fair 
cash value, as of the first of September of every year, 
all the lands, improvements, personalty, and investments 
taxable under the first Article of this act, and shall also 
list all resident males twenty-one years of age and over. 


5. In making the assessment and lists provided for in 
the second Section hereof,? the Assessor shall, before the 
first day of November in each year, or as soon there- 
after as practicable, make and return not less than 
four assessment books, and shall cause to be entered 
therein, as near aS may be, in alphabetical order, the 
names of all persons who are the owners or holders 
of lands, improvements, personal property or invest- 
ments liable to be assessed under the provisions of 
this act; and opposite the name of such person, owner 
or holder the number and block of each of his lots, 
according to the maps now in the Assessor’s office, and 
the aggregate value of each parcel of land, the value per 
foot front. When such parcel fronts on a public way, 


1See Chapter XLV., post. 2Section 4, preceding. 


Td., Section 2. 


Id., Section 3. 


10 


ASSESSOR. 


Id., Section 4. 


the value of the improvements, the assessed value of his 
personal property and of his money investments, and 
whether such person, owner, or holder was, on the first 
day of September, in the year in which he was listed a 
male inhabitant of said City, over the age of twenty-one 
years, any lot of land which is not now designated by a 
number on the maps referred to in this Section, and any 
lot of land which is now so designated, but is hereafter 
subdivided, shall be designated by said Assessor by an 
appropriate serial number, and shall by such numbers be 
designated in the assessment books. 

6. No mistake in or omission of the right name of the 
owner or holder of lands or improvements lable to be 
assessed under the provisions of this act shall impair any 
assessment thereof if such land be designated in said 
books by its corresponding number and block on said map; 
or if such improvement be then designated by the number 
and block of theland on which it rests, or if such land or 
improvement be otherwise fully identified in said books. 


7. The General Council may provide for additional as- 
sessment maps whenever land now held as ‘‘acre prop- 
erty’’ is laid out in squares, or when The City is extended 
beyond its present limits. 


8. The Assessor shall, before assessing any land or 
improvement, view the same by himself or an assistant, 
and before assessing goods and chattels go upon the 
premises where the same, or the greater part thereof, may 
be found. His failure so to do shall not invalidate the 
assessment, but a disregard of this duty will be a good 
cause for his removal by the General Council. Every 
person owning or holding taxable property in his own 
right or as fiduciary, guardian, or agent, shall return to 
the Assessor, or his assistant, when called upon, a true 
list of such property, real and personal, upon blanks 
therefor prepared by the Assessor in a form prescribed 
by ordinance, together with the value of the personalty 
and amount of investments, and make oath thereto before 
such Assessor, or one of his assistants, who are hereby 


ASSESSOR. 


1] 


authorized to administer the same. When deductions 
for purchase or borrowed money or deposits are claimed 
against investments, the amount of the latter and that of 
the former must be stated separately. In case of the 
failure or refusal of such person to return such list under 
oath, said Assessor may, according to the best of the 
information he can obtain, assess the lands, improve- 
ments, personal property and investments of such person, 
and shall add ten per cent. to the value of the personal 
property and investments. 


9, The Assessor or his assistant may, if dissatisfied 
with the list of personal property or investments, re- 
monstrate and state his reasons for being dissatisfied. 
A person failing or refusing to return the sworn list shall 
be deemed guilty of a misdemeanor, and on conviction 
thereof be fined not less than ten nor more than twenty 
dollars for each offense; and each day’s failure to make 
return after the first fine shall constitute a separate 
offense. The prosecution of such offense shall be had 
in the City Court, and the fine shall be payable to the 
City treasury. The City Court may also, at the instance 
of the Assessor, by rule and process of contempt, enforce 
upon delinquents the return, under oath, of the lsts 
above required. 


10. The Assessor shall make diligent search among the 
conveyances and probated wills recorded in the Jefferson 
County Clerk’s office and among the confirmations of 
sales in the Louisville Chancery and Law and Equity 
courts from day to day; and shall also, by personal in- 
quiry in his yearly rounds, seek to learn about every 
death among the owners ‘of land or improvements in 
said City, by which the same may devolve upon others. 
He is directed not to assess any property in such a name 
as ‘‘A. B’s heirs”’ or ‘‘A. B’s devisees’’ or ‘‘A. B’s exec- 
utors,’’ or the like, but he may assess land or improve- 
ments thus, as ‘‘A. B’s unknown heirs’’ or ‘‘unknown dev- 
isees,’’ or the like, when the names can not be obtained, 
though diligent inquiries have been made. When the 


Id., Section 5. 


12 


ASSESSOR. 


An ordinance 
as to additional 
assessments 
and abatements 
and deductions 
from tax lists. 
Approved Oct. 
27, 1858. 


An ordinance 
prescribing ad- 
ditional duties 
for Assessor. 
Approved Mar. 
29, 1856. 


An ordinance 
regulating the 
assessment of 
property which 
has been sold 


joint owners are more than three in number, three of 
the names, with the addition of ‘‘and others,”’ shall suf- 
fice, and when remainders, reversions or future estates are 
outstanding the holder of the particular estate shall be 
assessed with the words ‘‘ holder of present estate’? added 
to his name. But whenever the names of all the owners 
are not given, no lien for the taxes shall arise to the detri- 
ment of any purchaser from those not named, unless the 
assessment, by its own terms or by reference to the City 
maps, identifies the land or improvements therein em- 
braced. 


11. The collector of taxes, on discovering any person 
or property not listed, but subject to taxation, shall re- 
port the fact to the Assessor, who shall forthwith enter 
and assess the same, and deliver to said collector a tax- 
bill thereof, taking his receipt to the Auditor who shall 
charge him with the amount. 


12. The Auditor shall, by the first day of March in each 
year, deliver to each collector of taxes a list of abate- 
ments and deductions made by the Council on his tax-, 
bills, and for the amount thereof he shall be allowed 
credit on settlement. 


13. The Assessor shall, by himself or assistants, enter 
into a book prepared for that purpose, all sales made by 
the City or railroad tax-collectors which are reported and 
approved by the General Council, and also record in a 
separate book all deeds executed to or by The City, which 
concern the title of The City to any real estate, right of 
way, or other interest therein, and after such deeds have 
been duly entered of record in the County Clerk’s office, 
preserve and carefully file all such that may have come 
to his hands, and preserve, in separate bundles for each 
year, all original tax-bills returned with the reports of 
sales as aforesaid. 


14. Property which has been sold for taxes shall be 
afterwards, and until it is redeemed, assessed against the 
holder of the tax-title. But when The City is the holder 


ASSESSOR. 


13 


of said title, the tax-bill therefor shall not be delivered 
to the collector. 


15. A register shall be kept by the Assessor of City 
taxes, showing in alphabetical order all transfers of real 
estate in said City, also an alphabetical list of delinquent 
taxes; and all purchasers of real estate in said City shall 
furnish the Assessor information thereof within two days 
after the conveyance shall be lodged for record, and shall 
be notified by the Assessor of any delinquent taxes 
against said property, and that the said purchaser is 
liable. 


16. The Assessor of taxes may nominate and the Gen- 
eral Council elect upon viva-voce vote Assistant Assess- 
ors, to perform such duties in making assessments and 
receive such compensation as may be prescribed by ordi- 
nance. 


17, The Assessor of taxes, before acting as such, shall 
make oath that he will, well and truly, to the best of his 
skill and ability, perform the duties of Assessor without 
fear, malice, favor, or intentional injustice, and will dili- 
gently and carefully search and make inquiry, in order 
that no person liable to assessment be omitted therefrom, 
and that he will faithfully report all persons. failing to 
render lists when required, or otherwise violating or 
evading any ordinance relating to assessments. 


18. It shall be unlawful for any one to mark, deface, or 
in any way disfigure or destroy any of the maps or records 
of the City Assessor’s department, and upon conviction 
thereof shall be fined not less than ten nor more than fifty 
dollars for each offense. This ordinance shall take effect 
from and after its passage. 


Bas” See AUDITOR—BOUNDARY AND SUBDIVISION—OFFICES AND OFFI- 
CERS—RAILROADS—RECEIVER OF TAXES—TAXATION. 


for taxes. Ap- 
proved Mar. 9, 
1857. 


An act es- 
tablishing a 
new charter for 
The City of 
Louisville. 
Approved Mar. 
3, 1870. Sec- 
tion 115. 


An act es- 
tablishing a 
new charter for 
The City of 
Louisville. 
Approved Mar. 
3, 1870. Sec- 
tion 118. 


An ordinance 
prescribing the 
special oath of 
the Assessor of 
Daxes. .Ap- 
proved Oct. 17, 
1853. 


An ordinance 
concerning the 
maps and re- 
cords in the 
City Assessor’s 
department. 
Approved Dec. 
26, 1882. 


OCHA PDE RLY: 


AUDITOR. 


CONTENDS. 


1. The Auditor shall draw all war- 
rants on the Treasurer. 

2. Regular reports of warrants to 
the Council. 


3. All money coming into the treas- 
ury to be placed on the proper ac- 


Council of failures on the part of 
officers to handle properly the City’s 
money or property. 


7. General duties. 


8. Warrants to be drawn only on 
the Clerk’s certificate. 


— counts. 


An ordinance 
regulating the 
drawing of 
warrants for 
money, and 
keeping ac- 
counts thereof. 
Approved -——. 


An ordinance 
prescribing the 
mode of audit- 
ing claims 
against The 
City. Approv- 
ed ; 


4. Duties with reference to claims 
against The City. 

5. Monthly reports to the Council. 

6. Shall notify the Mayor: and 


9. Book of bills payable and re- 
ceivable to be kept. 


10. The delivery over to the Coun- 
cil Clerks of certain City records. 


1, The Auditor shall draw all warrants for the payment 
of money on the Treasurer, and keep a complete register 
of all of them, specifying number, date, amount, when 
and to whom payable, on what account drawn, and out 
of what fund payable. 


2. And each regular session of the Council shall re- 
port a full and accurate list of all warrants drawn since 
its last regular session. 


3. And he shall also, as money comes into the treasury, 
place the same to the credit of the proper accounts to 
which each part thereof is applicable. 


4. The Auditor shall examine, audit, and adjust all 
claims against The City, presented for allowance or pay- 
ment, and having done so, shall present all such (with 
the exception of fixed salaries and claims liquidated 
under ordinance or resolution) to the Council, certifying 


AUDITOR. 


the facts and recommending the rejection or allowance of 
the claim, with his reasons therefor. 


5. The Auditor shall fully and correctly report to the 
Council at its first regular meeting in each month, the 
amounts received and disbursed during the preceding 
month, on account of the Workhouse, Almshouse, and 
Hospital, stating the several transactions on which they 
arose, and shall also, at each regular meeting of the 
Council, report in like manner the condition of each head 
of appropriation, showing the exact sum then standing to 
its credit, and the sums allowed under that head, and 
whether by resolution, or otherwise, made chargeable to 
it, and whether the same is paid or unpaid at the time of 
making said report. 

6. The Auditor shall also immediately notify the 
Mayor, and at its next regular session report to the 
Council all failures on the part of any officer receiving or 
disbursing money, or receiving or delivering property of 
or for The City, to make due return or report thereof, or 
delivery or payment when required. 


7. The Auditor shall be the general accountant of The 
City, and shall keep in books regular accounts of all re- 
ceipts and disbursements of money for The City, and 
separately, under proper heads, each cause of receipt and 
disbursement, and also accounts with each person, in- 
cluding City officers, who have money transactions with 
The City, crediting amounts allowed by the General 
Council, and charging each with all warrants drawn in 
his favor, and specifying the particular transactions to 
which such entries apply. 


8. He shall not draw any warrant on the Treasurer 
except upon the certificate of the Clerk of the Common 
Council, and shall number his warrants to correspond 
with such certificate. 1 


9, He shall keep a book of bills payable and bills 


1 Modified by ordinance, approved Feb. 27, 1877, ¢.v., Chapter XIII, post. 


An ordinance 
as to finance re- 
ports of the 
Auditor. Ap- 
proved Oct. 17, 
1853. Sec. 1. 


Id., Section 2. 


An ordinance 
prescribing the 
duties to be 
performed by 
the Auditor. 
Approved Apr. 
11, 1856. Sec.1. 


16 


Id., Sections 
2 and 38. 


AUDITOR. 


receivable, containing the particulars of all bills or notes 
payable to or by The City, and noting thereon the facts 
as they occur. 

10. The Auditor shall, immediately upon the approval 
of this ordinance, deliver over to the Clerk of the Board 
of Aldermen and the Clerk of the Common Council, 
taking their receipt therefor, all journals of proceedings 
of the Board of Trustees for the town of Louisville, of 
the Mayor and Council of The City of Louisville, and the 
General Council, and all other records and papers not 
properly belonging to the office of said Auditor. All or- 
dinances contrary hereto are hereby repealed. 


Ba@S"See ASSESSOR—CLAIMS—FINANCE—GENERAL COUNCIL—OFFICES 
AND OFFICERS—SINKING FUND—TREASURER. 


Cores Bas 


BOUNDARY AND SUBDIVISION. 


CON EEN CS. 


1. Boundary of The City of Louis- 11. Boundaries of the Third 
ville as established March 9, 1868. | Ward. 

2. The boundary continued by the ees Boundaries of the Fourth 
Charter of March 8, 1870. War as ; aha 

: 13. aries ifth 

3. Public plan of The City. Ward. TL ae 

4. Change in the Western bound- ‘14. Boundaries of the Sixth 
ary, Feb. 28, 1871. W ard. 

5. Change in the Eastern bound- 15. Boundaries of the Seventh 


ary, Feb. 9, 1880. 


6. Change in the Eastern bound- 
ary, April 28, 1884. 


Ward. 


16. Boundaries 
Ward. 


of the Eighth 


7. The City divided into Eastern i aaa of the Ninth 
ands Westerns dispricts. 18. Boundaries of the Tenth 
8. Ward boundaries. Ward. 


9 Boundaries of the First Ward. 


10. Boundaries of the 
Ward. 


Second 


19. Boundaries 
Ward. 
. 20. Boundaries 
Ward. 


of the Eleventh 


of the Twelfth 


1. The boundaries of The City of Louisville shall be as 
follows :' Beginning at low water mark on the Indiana side 
of the Ohio’ river, opposite the northwest line of Port- 
land; thence southwardly with the west line of Portland 
to the south line of Bank Street; thence eastwardly with 


1The royal letters-patent for the site of Louisville were the following: 
“GEORGE THE THIRD BY THE GRACE OF GoD, OF GREAT BRITAIN, 
FRANCE, AND IRELAND, KinG, DEFENDER OF THE FAITH, Etc. To ALL 
WHOM THESE PRESENTS MAY COME, GREETING: Whereas by our royal 
p J 
roclamation dated at Saint James’ the seventh day of October, 1763, in the 
” ? J 


third year of our reign, for regulating the cessions made to us in America by. 


9 
- 


An act to ex- 
tend the bound- 
ary line of The 
City of Louis- 
ville. Ap- 
proved Mar. 9, 
1868. 


18 


BOUNDARY AND SUBDIVISION. 


Bank Street, two hundred and ten feet south thereof, toa 
point eight hundred feet west of the west line of the 
Shippingport Road; thence southwardly parallel with 
said road to the south line of Jefferson Street; thence 
eastwardly with Jefferson Street to the west line of said 
Shippingport Road; thence southwardly with said road 
to the south line of Oakland Avenue, extended ; [thence 
eastwardly with said south line of Oakland Avenue ex- 
tended] to a point two hundred and ten feet west 
of the west side of Seventh Street; thence south- 


the last treaty of peace, we did command and empower our Governors of our 
several provinces in North America to grant without fee as reward to such 
reduced officers as had served in North America during the late war, and to 
such private soldiers as had been, or should be disbanded in America and are 
actually residing there and should personally apply for the same, certain quan- 
tities of land subject at the expiration of ten years to the same quit-rents as 
other lands are subject to, and it being sufficiently proven to our Lieutenant 
and Governor General of our Colony and Dominion of Virginia that John 
Connolly, late a surgeon’s mate in the General Hospital of our forces in 
America, is entitled to two thousand acres of land under our royal proclama- 
tion aforesaid, Know Ye therefore, for the consideration aforesaid, we have 
given, granted, and confirmed, and by these presents for us, our heirs, and 
successors, do give, grant, and confirm unto the said John Connolly one 
certain tract or parcel of land containing two thousand acres lying and being 
in the County of Fincastle, on the south side of the Ohio river, opposite to 
the falls thereof and bounded as follows, to wit: Beginning at a hop-ash 
and buckeye, the lower corner of Major Edward Ward’s land on the bank of 
the same River thirty-five poles above the mouth of Beargrass Creek, thence 
down the said River south eighty-three degrees west thirty-five poles, thence 
north eighty-seven degrees west one hundred and twenty poles, thence north 
fifty degrees west one hundred and ten poles, thence north one hundred 
poles, thence north thirty-three degrees west two hundred and twelve poles, 
thence north twenty-two degrees west eighty poles, thence north thirty-five 


west thirty-one poles, thence north sixty-three west thirty-two poles, thence 


north seventy-five degrees west twenty-five poles, thence south fifty degrees 
west one hundred poles, thence south eighty degrees, thence south eighty 
degrees west one hundred and seventeen poles to a beech and buckeye and 
black-oak, the upper corner of Charles de Wahrmsdorff’s land, and thence by 
his line south ten, east six hundred and ninety-three poles to a black-oak, sugar- 
tree, and buckeye, the south corner'of said land, thence by the lines of 
Laughton McClain, Thomas Douglass, and Charles de Wahrmsdorff, south 
eighty-eight degrees east seven hundred and sixty-nine poles to a black-oak 
and sugar-tree in Major Edward Ward’s line, then by the same north thirty- 
seven degrees west three hundred and ninety poles to the beginning. With 
all woods, underwoods, swamps, marshes, low grounds, meadows, feedings, and 
his due share of veins, mines, and quarries, as well discovered as not discovered, 


BOUNDARY AND SUBDIVISION. 


rardly, and parallel with the west side of Seventh 
Street, to a point two hundred and ten feet south 
of the south line of Shipp Avenue; thence south- 
wardly and parallel with said Shipp Avenue, to a 
point two hundred and ten feet west of Third Street ; 
thence southwardly, and parallel with Third Street, to 
the south line of the House of Refuge lands, and follow- 
ing the boundaries of said land to Shipp Avenue at a 
point two hundred and ten feet east of Second Street ; 
thence northwardly, and parallel with Second Street to 


within the bounds aforesaid and being part of the said quantity of two 
thousand acres of land and the rivers, waters, and water-courses therein con- 
tained together with the privileges of hunting, hawking, fishing, fowling, 
and all other profits, commodities and hereditaments whatever, the same or 
any part thereof belonging or in anywise appertaining, to have, hold, possess, 
and enjoy the said tract or parcel of land and all the other before granted 
premises, efc., every part thereof with each and every of their appurtenances 
unto the said John Connolly and his heirs and assigns forever, to the only 
use and behoof of said John Connolly, his heirs and assigns forever, to be 
held of us, our heirs and successors, as our manor of East Greenwich in the 
County of Kent in free and common socage and not in capite by knight’s 
service, yielding and paying unto us, our heirs and successors, for every fifty 
acres of land, and so proportionably for a lesser or greater quantity than fifty 
acres, the fee rent of one shilling, to be paid upon the feast of Saint Michael, 
the archangel, next after ten years from the date of these presents, and also 
cultivating and improving three acres’ part of every fifty of the tract above 
mentioned, within three years after the date of these presents, provided 
always that if three years of the said fee rent from and after the expiration 
of the ten years aforesaid shall at any time be in arrear and unpaid, or if the 
said Connolly, his heirs or assigns, do not within the space of three years 


next coming after the date of these presents, cultivate and improve three | 


acres’ part of every fifty of the tract above mentioned, then the estate hereby 
granted shall cease and be entirely determined and thereafter it shall and may 
be lawful to and for our heirs and successors, to grant the same lands and 
premises with the appurtenances unto such other person or persons as our 
heirs and successors shall think fit. In witness whereof we have caused 
these our letters patent to be made. Witness our trusty and well beloved 
John Earl of Dunmore, our Lieutenant and Governor General of our said 
Colony and Dominion of Virginia, being under the seal of our said Colony, 
the tenth day of December, 1773, in the fourteenth year of our reign. 
DUNMORE.” . 

LAanpD OFFICE, RicHMOND, VA.: 

The foregoing is a true copy from the records of this office. Witness my 
hand and seal of office this 20th day of December, 1883. 

J. W. BrocKENBROUGH, 
[SEAL] Register Land Office. 


19 


BOUNDARY AND SUBDIVISION. 


Mrs. Williams’ south line; thence eastwardly, and par- 
allel with the old boundary line, to a point southwardly 
of the point where said old boundary line strikes the 
south fork of Beargrass Creek; thence northwardly to 
the point where said old boundary line strikes the south 
fork of Beargrass Creek ; thence with the meanders of 
said creek to a point two hundred and ten feet south- 
wardly of where Stewart Avenue if extended would 
strike said creek; thence eastwardly, and parallel with 
the south line of Stewart Avenue extended to a point two 


The act of the Virginia legislature establishing the town of Louisville, 
passed in May, 1780, is as follows: 


“Whereas, Sundry inhabitants of the County of Kentucky have, at great 
expense and hazard, settled themselves upon certain lands at the Falls of 
Ohio, said to be the property of John Connolly, and have laid off a consid- 
erable part thereof into half acre lots for a town, and having settled thereon, 
have preferred petitions to the General Assembly to establish the said town. 

“Be it therefore enacted, That one thousand acres of land, being the for- 
feited property of the said John Connolly, adjoining the lands of John 
Campbell and Taylor, be, and the same is hereby vested in John 
Todd, Jr., Stephen Trigg, George Slaughter, John Floyd, William Pope, 
George Meriwether, Andrew Hines, James Sullivan, and Marsham Brashiers, 
gentlemen, Trustees, to be by them, or any four of them, laid off into lots of 
half an acre each, with convenient streets and public lots, which shall be, 
and the same is hereby established a town, by the name of Louisville. 

“ And be it further enacted, That after the said lands shall be laid off into 
lots and streets, the said Trustees, or any four of them, shall proceed to sell 
said lots, or so many as they shall judge expedient, at public auction, for the 
best price that can be had, the time and place of sale being previously adver- 
tised two months, at the courthouses of the adjacent counties, the purchasers 
respectively to hold the said lots, subject to the condition of building on each 
a dwelling house, sixteen feet by twenty, at least, with a brick or stone 
chimney, to be finished within two years from the day of sale, and the said 
Trustees, or any four of them, shall, and they are hereby empowered to 
convey the said lots to the purchasers thereof in fee simple, subject to the 
conditions aforesaid, on payment of the money arising from such sale, to the 
Trustees, for the uses hereafter mentioned; that is to say, if the money 
arising from such sale shall amount to thirty dollars per acre, the whole shall 
be paid by the said Trustees into the Treasury of this commonwealth, and 
the overplus, if any, shall be lodged with the Court of the county of Jeffer- 
son, to enable them to defray the expenses of erecting the public buildings 
of the said County: Provided, That the owners of lots already drawn shall 
be entitled to the preference therein, upon paying to the said Trustees the 
sum of thirty dollars for such half acre lot, and shall be thereafter subject to 
the same obligations of settling as other lotholders within said town. 


BOUNDARY AND SUBDIVISION. 


hundred and ten feet east of the center line of Beargrass 
Cutoff, if extended; thence northwardly and parallel 
with said center line of Beargrass Cutoff, to the property 
of the Kentucky Institute for the Blind; thence with 
the boundary line thereof (leaving said property inside 
The City) until it strikes the aforesaid line of two hundred 
and ten feet east of, and parallel to the center line of 
Beargrass Cutoff, extended; thence northwardly with 
said line, across the Ohio river to low water mark ; thence 
with the meanders of said river at low water mark to the 


“And be it further enacted, That the said Trustees, or the major part of 
them, shall have power, from time to time, to settle and determine all dis- 
putes concerning the bounds of said lots, and to Settle such rules and orders 
for the regular building thereon as to them shall seem best and most conven- 
ient, and in case of death or removal from the county of any of the said 
Trustees, the remaining Trustees shall supply such vacancies by electing 
others from time to time, who shall be vested with the same powers as those 
already mentioned. 

“And be it further enacted, That the purchasers of lots in the said town, so 
soon as they shall have saved the same according to their respective deeds of 
conveyance, shall have and enjoy all the rights, privileges, and immunities 
which the freeholders and inhabitants of other towns in this State, not incor- 
porated by charter, hold and enjoy. : 

“And be it further enacted, That if the purchaser of any lot shall fail to 
build thereon within the the time before limited, the said Trustees, or the 
major part of them, may thereupon enter into such lot, and may either sell 
the same again, and apply the money towards repairing the streets, or in any 
other way for the benefit of said town, or appropriate such lot to public 
uses, for the benefit of the inhabitants of said town: Provided, That noth- 
ing herein contained shall extend to affect or injure the title of lands c:aimed 
by John Campbell, gentleman, or those persons whose lots have been laid oft 
on his lands, but that their titles be, and remain suspended, until the said 
John Campbell shall be relieved from his captivity.” 

For forty-seven years from the establishment of the town its territorial 
limits were subjected to little or no alteration; in 1827 was added, on the 
east side, the Preston enlargement, which is described as embracing about 
250 acres. So, the charter of 1828, incorporating The City, gave the 
following complete City boundary: “That part of Jefferson County, begin- 
ning at the stone bridge over Beargrass Creek, near Geiger’s Mill, thence on 
a straight line to the upper corner of Jacob Geiger’s land, on the Ohio River, 
and thence by a straight line down the Ohio River, so as to include Corn 
Island and the stone quarry adjacent thereto; and thence by a straight line to 
the upper boundary of Shippingport, where it binds on the river Ohio; thence 
with the upper boundary of Shippingport to the back line thereof and the 
same course continued until it intersects the back line of the town of Louis- 
ville, when extended westwardly far enough to meet the said line extending 


22 


The charter, 
act approved 
March 3, 1870. 


Sec. 18. 


The charter, 
act of March 3, 


1870. 


See. 17. 


BOUNDARY AND SUBDIVISION. 


point of beginning.? This act to take effect, and the 
boundaries herein provided for to be held as established 
from the passage of this act. 


2. The boundaries of The City of Louisville shall 
remain as now established until the same shall be changed 
by law. 


3. The General Council shall, within the first year after 


this charter takes effect, cause a map to be made of the 
entire City within the boundary fixed by this charter, 


out from the river, with the upper boundary of Shippingport; thence from 
the said intersection to the south or back line of the present town of Louis- 
ville, and with the said back line to the south fork of Beargrass Creek; 
thence down the middle thereof to the beginning, at the center of the stone 
bridge aforesaid.” The charter of 1851 did not change the boundary. In 
1852 the town of Portland was made a part of Louisville, and “all that part 
of the County of Jefferson commencing at the southwestern corner of The 
City of Louisville, and running thence on a direct line to the southwestern 
corner of Portland, and with the western line of Portland to the northern 
boundary of Kentucky; thence up the Ohio river to the town line,” was 
brought within the City limits. In 1854 the corporate limits were changed 
as follows, to wit: “Beginning at Geiger’s Bridge on Beargrass Creek; thence 
down said creek to Pope’s line, common to Geiger and Pope; thence north- 
wardly with said line to where said line intersects said creek; thence down 
said creek to the present line of the City limits; thence with said line to the 
Ohio river.” In 1856 the limits were “extended so as to run up the Ohio 
river to the mouth of the new cutoff, where Beargrass Creek empties into 
said river; thence up said creek or cutoff until it reaches the upper end of 
said cutoff at the original bed of the creek; thence to William Pope’s line, 
and with his line until it strikes said creek again; thence up said creek until 
it strikes the line of the present corporation.” The next change was in 1868 
by an act prescribing the municipal boundary as given in Section 1, above. 
The subsequent and recent extensions of territory are shown above. ~ 

2As to the character of the jurisdiction exercised by The City over that 
portion of the Ohio river in front of it, see the case of the Louisville 
Bridge Company v. City of Louisville, Court of Appeals, May 26, 1883; opinion 
of the court by Harais, C. J., and Hrnzs, J., and, Dec. 10, 1883, separate 
opinion by Pryor, J., and dissenting opinion by Lewis, J. The jurisdic- 
tions of counties bordering on the river are declared by statute to be co- 
extensive with the State line.— McFall v. Commonwealth, 2 Met., 394. And 
the State’s jurisdiction over the river would seem to be beyond question. 
Formerly the State of Virginia owned the lands on both sides of the Ohio 
river, from the northern boundary line of Virginia to the mouth of the Ohio, 
and exercised over the river the right of domain, empire, sovereignty, and 
jurisdiction. This possession, on both sides of the river, gave to Virginia, 
according to the principles of the law of nations, the domain, empire, 


BOUNDARY AND SUBDIVISION. 


with streets, avenues, lanes, roads, and all other public 
ways laid out by actual survey, showing the extension 
thereof to the boundary line with regular squares ; and 
no person shall lay out lands or sell lots upon a plan at 
variance with said public plan and map, unless the Gen- 
eral Council by ordinance permit the same; but all 
owners may map out their lands according to said public 
plan, and the streets and other public ways thus laid out 
shall be public ways of said City. 

4. The western boundary of The City of Louisville shall 
be so changed as to be as follows: Beginning at a stone, 
being the southwest corner of the boundary of The City 
of Louisville as established by act of the legislature, 
dated the tenth day of March, eighteen hundred and sixty- 
eight; thence extending said boundary line with the 
south line of Oakland Avenue (extended) eight hundred 
feet westwardly ; thence in a northerly direction, parallel 
with the Shippingport Road and eight hundred feet west 
thereof, to a stone in the old boundary on the south side 
of Jefferson Street extended. # 


sovereignty and jurisdiction over that part of the Ohio river flowing through 
its territory. Virginia ceded to the United States the territory lying north- 
west of the Ohio river. By this cession the domain, empire, sovereignty and 
jurisdiction of Virginia over the river Ohio did not pass, but remained in 
that State. By the erection of Kentucky into an independent State, by the 
compact between Virginia and Kentucky, and the limits assigned to the new 
State, and the assent of the Congress of the United States to that compact, 
Kentucky, as a State, became invested with the domain, sovereignty and 
jurisdiction over the Ohio river, from its mouth up to Big Sandy river, as 
fully as formerly held and possessed by the State of Virginia. By this right 
of domain, sovereignty and jurisdiction, the whole power, legislative, exec- 
utive, and judicial, belongs to the State of Kentucky over the waters of the 
Ohio river to the northwestern shore or bank, along its course from the mouth 
of Big Sandy river to the mouth of the Ohio river.— McFarland et al.v. 
Mekxynight, 6 B. Mon., 500. 

3 Where a town is extended by improvement so as to give those living 
adjacent to the town boundary all the advantages which the citizens enjoy 
from the local government of the town, the legislature has constitutionally 
the power to extend the limits of the town and subject the owners of the 
property to a share of the burdens of the local government.—Sharp’s Ea’tr 
v. Dunavan, 17 B. Mon., 223. And, the decision of the legislature as to the pro- 
priety of the extension of a town boundary is to prevail, unless there has been 
a flagrant violation of private right.—Jb. See Cheeney v. Hoozer, 9 B. Mon., 330. 


An act to 
change the 
western bound- 
ary of The City 
of Louisville. 
Approved Feb. 
28, 1871. 


24 


An act to ex- 
tend the bound- 
ary of The City 
of Louisvile. 
Approved Feb. 
9, 1880. 


An act to 
extend the 
boundary of 
the. City of 
Louisville. Ap- 
proved April 
28, 1884. 


BOUNDARY AND SUBDIVISION. 


9. The boundary of The City of Louisville shall be 
extended as follows, to wit: Beginning at a point in the 
present City boundary line, where the same crosses or 
intersects the north line of East Broadway; thence with 
the northeasterly line of said street two hundred and 
forty-two feet to a point in said north line of East Broad- 
way; thence in a northeasterly direction one hundred 
and eighty feet to the south line of analley; thence with 
the south line of the alley one hundred and sixty-six 
feet to the City boundary line. 


6. The boundary of The City of Louisville is hereby 
extended so as to include the folowing boundary, to wit: 
Beginning in the present City boundary line where the 
same intersects the northerly line of the Water Com- 
pany’s Reservoir Avenue at a point four hundred and 
thirty-four feet northwardly from the north line of the 
Brownsboro Turnpike Road, thence north twenty-five 
degrees thirty minutes east one hundred and seventy- 
three feet to the southerly end of a strip of land one 
hundred feet wide conveyed to the Water Company 
by James W. Bowles and others, thence northeast- 
wardly upon a curve of one thousand and sixteen feet 
radius three hundred and sixty-eight feet to a point tan- 
gent in the northerly line of Reservoir Avenue, thence 
with the northerly line of said Avenue north forty-five 
degrees fifteen minutes east three thousand four hundred 
and seven feet to the line dividing the lands formerly 
belonging to Pope and Throckmorton, thence with said 
dividing line south thirty-six degrees forty-five minutes 
east ten and three tenths feet to a tract, number one, 
conveyed to the Water Company by Throckmorton and 
Adams, thence with said tract number one north forty- 
four degrees forty-five minutes east one thousand five 
hundred and thirty-six and two tenths feet to intersect 
with the third line named in a conveyance to the Water 
Company by Throckmorton and Adams, thence north 
thirty-seven degrees east two hundred and sixty-three 
and three tenths feet to the southerly end of line number 


BOUNDARY AND SUBDIVISION. 


two in said last mentioned conveyance, thence north 
thirty-seven degrees fifteen minutes west one thousand 
one hundred and fifty-five feet to the southerly line of 
the Louisville and Oldham Turnpike Road, thence with 
southerly line of said road north forty-five degrees east 
one thousand two hundred and seventeen feet to the line 
dividing the land formerly belonging to Throckmorton 
and Hewitt, thence with said dividing line south thirty- 
seven degrees fifteen minutes east one thousand five hun- 
dred and seven and five tenths feet to the northwest- 
wardly corner of a lot conveyed to the Water Company 
by Hahn and Ferrell, which corner is located at the inter- 
section of the southerly line of the Louisville, Harrods’ 
Creek and Westport Railway Company’s right of way 
with the easterly line of the Water Company’s reservoir 
field, thence eastwardly along said Railway Company’s 
right of way three hundred and fifty-five and five tenths 
feet to the westerly line of Water Company’s pipeway to 
Crescent Hill, thence with the Water Company’s line of 
said pipeway north thirty-five degrees twenty minutes 
west one thousand six hundred and fifty-two and seven 
one-hundredths feet to the northerly line of the Louisville 
and Oldham Turnpike Road and the southerly line of the 
Water Company’s engine-house field, thence with the 
northerly line of said turnpike and the southerly line of 
the engine-house field south forty-two and one half de- 
grees west three hundred and sixty-two and seventy- 
eight one-hundredths feet to the westerly line of the 
aforesaid engine-house lot, thence with said engine- 
house north lot thirty-seven degrees fifteen minutes west 
one thousand five hundred and thirty-three and eighteen 
one-hundredths feet to low water in the Ohio river, 
thence up said river north fifty-seven degrees forty-five 
minutes east eight hundred and fifty-six and sixty-eight 
one-hundredths feet to the easterly line of the engine- 
house lot, thence south thirty-seven degrees fifteen min- 
utes east one thousand three hundred and _ fifty-seven 
feet to the northerly line of the Louisville and Oldham 
Turnpike Road, thence with said northerly line south 


vo 


cr 


26 


BOUNDARY AND SUBDIVISION. 


forty-two and one half degrees west four hundred and 
forty-six and seventeen one-hundredths feet to the east- 
erly line of the before mentioned pipeway to Crescent 
Hill, thence with said pipeway south.thirty-five degrees 
twenty minutes east six thousand two hundred and ninety- 
seven and sixty-nine one-hundredths feet north fifty-three 
degrees forty-seven minutes east five hundred and one and 
five tenths feet south thirty-six degrees thirteen minutes 
east one hundred and one and eight one-hundredths feet 
to the line of the Brownsboro Turnpike road, thence with 
the line of the Brownsboro Turnpike road north sixty- 
four degrees twenty-seven minutes east one thousand four 
hundred and sixty-six and one tenth feet north sixty- 
six degrees forty-nine minutes east seven hundred and 
fifty-nine feet north seven degrees five minutes east 
forty-two feet to the northeasterly corner in the center of 
the Brownsboro turnpike road, thence south thirty-five 
degrees thirty minutes east eight hundred and ninety- 
five feet to the northerly line of Veech’s land, thence 
with the northerly line of said land south forty-nine 
degrees forty minutes west three hundred and eight feet, 
thence with the westerly line of said land south thirty- 
five degrees ten minutes east two hundred and twelve feet 
to the northwestwardly line of Arterburn’s land, thence 
south fifty-four degrees thirty minutes west six hundred 
and fifty-eight and five tenths feet, thence due south one 
thousand seven hundred and twenty feet, to the northerly 
line of the Louisville, Cincinnati and Lexington Rail- 
way Company’s right of way, thence along the northerly 
line of said Railway Company’s right of way south eighty- 
eight degrees forty-nine minutes west one thousand three 
hundred and twenty-five feet to the southwestwardly 
corner of the Water Company’s Crescent. Hill tract of 
land, thence north one degree no minutes west one thou- 
sand three hundred and sixty-five feet, thence north 
thirty-five degrees thirty minutes west one thousand and 
ninety-eight feet to the center of the Brownsboro Turn- 
pike Road and the northwestwardly corner of the Water 
Company’s Crescent Hill tract of land, thence with the 


BOUNDARY AND SUBDIVISION. 


westerly line of the before mentioned pipeway north 
thirty-six degrees thirteen minutes west nine hundred and 
thirty and sixty-three one-hundredths feet, thence south 
fifty-three degrees forty-seven minutes west four hundred 
aiid ninety-one and five tenths feet, thence north thirty- 
five degrees twenty minutes west four thousand five 
hundred and fifty-seven and four tenths feet, thence 
south sixty degrees forty-five minutes west three hundred 
and fifty-six and four tenths feet, to the eastwardly line 
of the Water Company’s tract of land purchased from 
Throckmorton and Adams, thence with said tract south 
thirty-seven degrees fifteen minutes east one thousand 
four hundred and eighty-three and fifty-four one-hun- 
dredths feet, to a corner common to the land of 

Thompson and the Water Company, thence south fifty- 
one degrees forty-five minutes west one thousand two 
hundred and fourteen and four tenths feet, thence north 
thirty-seven degrees fifteen minutes west one thousand 
two hundred and twenty-five feet, thence north seventy- 
two degrees fifty-seven minutes west two hundred and 
forty-two and twenty-two one-hundredths feet, thence 
north seventy-eight degrees twenty-seven minutes west 
one hundred and thirty-seven and ninety-four one-hun- 
dredths feet, thence north eighty-eight degrees forty-two 
minutes west one hundred and eighteen and eight tenths 
feet, thence south sixty-nine degrees nine minutes west 
one hundred and twenty-two and one tenth feet, thence 
south fifty-six degrees fourteen minutes west two hun- 
dred and sixty-eight and three tenths feet to the south- 
easterly point of tract number two, conveyed to the 
Water Company by Throckmorton and Adams, thence 
with said tract number two, south forty-four degrees 
forty-five minutes west one thousand and seventy-three 
feet, thence south thirty-six degrees forty-five minutes 
east thirty and forty-seven one-hundredths feet to the 
southeasterly corner of the tract of land conveyed to the 
Water Company by James W. Bowles and others, thence 
south forty-five degrees fifteen minutes west three thou- 
sand five hundred and two feet, to beginning of a curve 


28 


Ordinance, 
approved Nov. 
17, 1853. 


Ordinance, 
approved April 
2, 1868. 


BOUNDARY AND SUBDIVISION. 


of six hundred and twenty-nine feet radius two hundred 
and twenty-seven feet, to a point tangent, thence south 
twenty-five and one half degrees west two hundred and 
eighteen feet to the City boundary, thence with said 
City boundary north thirty-five degrees thirty minutes 
west ninety-two feet to the beginning. Provided, that 
this act shall not be construed so as to interfere with the 
franchises, rights or toll-gates of any turnpike road com- 
pany embraced therein or in the vicinity. 


7. The City is divided into two districts, the Eastern, 
lying east, and Western, west of the western line of 
Third Street. 

8. The boundaries of the various wards of said City 
shall be as follows, ov7z: | 

9. Hirst Ward.— Commencing at a point in the north- 


. ern boundary line of The City, where the same would 


be intersected by the center line of Hancock Street ex- 
tended, thence southwardly with the center line of Hancock 
Street to the southern bank of Beargrass Creek, thence 
eastwardly with said bank of the creek to a point where 
the same would be intersected by the center line of 
Wenzel Street extended, thence southwardly with the 
center line of Wenzel Street extended to the center line 
of Broadway, thence eastwardly with the center line of 
Broadway to the center line of the Newburg Road, thence 
southeastwardly with the center line of the Newburg 
Road to the line of the City limits, thence northeast- 
wardly with the line of the City limits, and parallel with 
the south line of Stewart Avenue extended to a point 
two hundred and ten feet east of the center line 
of Beargrass Cutoff, if extended, thence northwardly 
and parallel with said center line of Beargrass Cutoff 
to the property of the Kentucky Institute for the 
Blind, thence with the boundary line thereof (leaving 
said property inside The City) until it strikes the afore- 
said line two hundred and ten feet east of and 
parallel to the center line of Beargrass Cutoff extended ; 
thence northwardly with said line across the Ohio river 


BOUNDARY AND SUBDIVISION. 


to low water mark; thence with the meanders of said 
river, at low water mark, to the point of beginning. 

10. Second Ward.— Commencing on the south bank of 
Beargrass Creek, where the same would be intersected by 
the center line of Shelby Street extended ; thence south- 
wardly with the center line of Shelby Street to the 
southern limits of The City; thence eastwardly with the 
line of the southern limits of The City to a point south- 
wardly of the point where the old boundary line strikes 
the south fork of Beargrass Creek ; thence northwardly 
to the point where said old boundary lines strike the 
south fork of Beargrass Creek, thence with the meanders 
of said creek to a point two hundred and ten feet 
southwardly of where Stewart Avenue, if extended, 
would strike said creek, thence eastwardly, and 
parallel with the south line of Stewart Avenue ex- 
tended, to the center line of the Newburg Road, 
thence northeastwardly with the center line of the New- 
burg Road, and thence with the line of the western 
boundary of the First Ward to Beargrass Creek, thence 
westwardly and with the boundary lines of the First 
Ward to the point of beginning. 

11. Third Ward.—Commencing on the south bank of 
Beargrass Creek, where the same would be intersected by 
the center line of Shelby Street, thence southwardly with 
the center line of Shelby Street to the southern limits of 
The City, thence westwardly with the line of said City 
limits to the center line of Hancock Street extended, 
thence northwardly with the center line of Hancock 
Street to Beargrass Creek, thence eastwardly with said 
creek to the point of beginning. 

12. HYourth Ward.— Bounded on the north by the line of 
the City limits, on the east by the center line of Hancock 
Street, on the south by the line of the City limits, and 
on the west by the center line of Preston Street. 

13. Lifth Ward.— Bounded on the north by the line 
of the City limits, on the east by the center line of 
Preston Street, on the south by the line of the City 
limits, and on the west by the center line of First Street. 


29 


30 


BOUNDARY AND SUBDIVISION. 


14. Sizth Ward.—Commencing at a point in the 
northern boundary line of The City, where the same 
would be intersected by the center line of First Street 
extended, thence southwardly with the center line of 
First Street extended till it strikes a southern boundary 
line of The City, thence westwardly with said southern 
boundary line to a point two hundred and ten feet east 
of Second Street, thence southwardly with the boundary 
line of The City, and including the House of Refuge 
lands, to the point where the southern boundary line 
south of the House of Refuge intersects the center line 
of Third Street extended, thence with the center line of 
Third Street northwardly till it strikes the northern 
boundary line of The City, thence with said northern 
boundary line eastwardly to the point of beginning. 


15. Seventh Ward.—Commencing at a point in the 
northern boundary line of The City, where the same is 
intersected by the western boundary line of the Sixth 
Ward, thence southwardly with said western line of the 
Sixth Ward till it strikes the southern boundary line of 
The City, thence with said southern boundary line west- 
wardly to a point two hundred and ten feet west of 
Third Street, thence northwardly with a boundary line 
of The City till it intersects a City boundary line 
running parallel with and two hundred and ten feet south 
of the south line of Shipp Avenue, thence westwardly 
with said boundary line running parallel with Shipp 
Avenue, till it intersects the center line of Fifth Street 
extended, thence northwardly with the center line of 
Fifth Street till it intersects the northern boundary 
line of The City, thence eastwardly with said northern 
boundary line to the point of beginning. 


16. Highth Ward.— Commencing at a point in the 
northern boundary line of The City, where the same 
would be intersected by the western boundary line of 
the Seventh Ward, thence with said western boundary 
line of the Seventh Ward southwardly till it strikes the 
southern boundary line of The City, thence westwardly 


BOUNDARY AND SUBDIVISION. 


with said southern boundary line till it intersects the 
center line of the Oakland Plank Road running from 
Seventh Street, thence northwardly with the center line 
of the Oakland Plank Road on Seventh Street extended 
till it strikes the northern boundary line of The City, 
thence eastwardly with said northern boundary line to 
the point of beginning. 

17. Ninth Ward.—Commencing at a point in the 
northern boundary line of The City where the same 
would be intersected by the western boundary line of the 
Eighth Ward, thence with said western boundary of the 
Eighth Ward southwardly till it strikes the southern 
boundary line of The City, thence westwardly with said 
southern boundary line to a point two hundred and ten 
feet west of Seventh Street or the Oakland Plank Road, 
thence northwardly with The City’s boundary line 
running parallel with Seventh Street or the Oakland 
Road to the south line of Oakland Avenue, thence 
westwardly with the south line of Oakland Avenue to a 
point where the same would be intersected by the center 
line of Tenth Street extended, thence northwardly with the 
center line of Tenth Street extended till it strikes the 
northern boundary line of The City, thence eastwardly 
with said northern boundary line to the point of beginning. 

18. Zenth Ward.—Bounded on the north by the line 
of the City limits, on the east by the western boundary 
line of the Ninth Ward, on the south by the line of the 
City limits, and on the west by the center line of Four- 
teenth or St. Louis Street. 

19. Hleventh Ward.—Beginning at a point in the 
northern boundary of The City where it would be inter- 
sected by the center line of Fourteenth or St. Louis 
Street extended, thence southwardly with said center 
line of Fourteenth or St. Louis Street extended to the 
City limits, thence with the line of the City limits west- 
wardly to a point where the same would be intersected 
by Twenty-first Street extended, thence northwardly with 
the center line of Twenty-first Street extended to the 


32 


BOUNDARY AND SUBDIVISION. . 


center line of Portland Avenue, thence with the center 
line of said Avenue eastwardly to the center line of 
Bridge Street, thence with the center line of Bridge 
Street extended to the northern limits of The City, thence 
with said northern limits eastwardly to the point of 
beginning. 

20. Twelfth Ward.—Beginning at the northwest corner 
of the town of Portland, thence southwardly with the 
west line of Portland to a point two hundred and ten 
feet south of a south line of Bank Street, thence 
eastwardly and parallel with Bank Street to a point 
eight hundred feet west of the west line of the 
Shippingport Road, thence southwardly and _ parallel 
with said road to the south line of Jefferson Street, thence 
eastwardly with the south line of Jefferson Street to the 
west line of the Shippingport Road, thence southwardly 
with said road to the south line of Oakland Avenue ex- 
tended, thence eastwardly with the south line of Oakland 
Avenue extended to a point where the same would inter- 
sect the center line of Twenty-first Street extended, 
thence northwardly with the center line of Twenty-first 
Street extended to the center line of Portland Avenue, 
thence with the center line of said Avenue eastwardly to 
the center line of Bridge Street, thence with the center 
line of Bridge Street extended to the northern limits of 
The City, thence with said northern boundary line west- 
wardly to the point of beginning. 


bes See BRIDGES AND FERRIES— PoLICE—SEWAGE AND DRAINAGE— 
ScHOOLS—TAXATION. 


CHAPTER: VI. 


BRIDGES AND FERRIES. 


CON BN aS 


1. Bridges across the Ohio river; 
penalty for destroying. 

2. Penalty for injuring bridges and 
approaches, obstructing passage, ete. 

3. Penalty for destroying or defac- 
ing signs, notices, placards, ete. 

4. Penalty for refusal to pay toll. 

5. Fast riding and driving over 
bridges. 

6. Traffic in commutation tickets 
prohibited. 

7. Imposition, collection and dis- 
posal of fines. 

8. The jurisdiction over ferries in 
Jefferson County and within the cor- 
porate limits transferred to The City. 

9. The North and South Ferry 
Company. 

10. Right of appeal from The City’s 
determination. 

11. The Louisville Bridge Company 
incorporated. 

12. Corporate rights, powers, and 
privileges. 

13. May construct railways and fix 
and collect tolls. 


14. Reenactment and application 
of Section 10 of “An act to incor- 
porate the Ohio Bridge Company.” 

15. Capital stock. 

16. May borrow money. 

17. May make by-laws. 

18. Directors. 

19. First board of directors. 

20. Elections of directors. 

21. The act a public act. 

22. The charter of the Company 
revived. 

3 


23. The Company may contract 
with railroad companies. 


24. May let by contract the use ot 
its bridge to railroad companies. 

25. May issue bonds and mortgage 
its property. 

26. Purchasers under the mortgage 
may operate the bridge under its 
charter name. 

27. Railroad 
stockholders. 

28. The Kentucky and Indiana 
Bridge Company incorporated. 


companies may be 


29. Corporate powers. 

30. Method of condemnation pre- 
scribed. 

31. Powers of the Company in the 
building and operation of the bridge. 

32. May borrow money, mortgage 
its property and franchises, and issue 
bonds, 

33. Capital stock. 

34. Board of directors. 

35. Powers to contract. 

36. Stocksubscription and the com- 
mencement of business. 

37. The Company given additional 
powers and privileges; may consoli- 
date with other companies, issue 
bonds, ete. 

38. Right of way granted by The 
City. 

39. Regulation of the location and 
construction of piers, abutments, and 
approaches. 

40. Thegrant conditioned upon the 
completion of the bridge within five 
years. 


34 


BRIDGES 


AND FERRIES. 


An act to 
protect bridges 
across the Ohio 
POV ers) LAY 
proved Mar. 4, 
1867. 


41. Rate of speed of cars and loco- 
motives. 

42. Right to lay railroad tracks 
down Canal Street. 

43. The Louisville and Jefferson- 
ville Bridge Company incorporated. 


53. The Jefferson Ferry Company. 

54. Rights, privileges and powers. 

55. Capital stock; board of direc- 
tors. 

56. The franchise limited to twenty 
years. 


57. The Portland and New Albany 
Ferry Company incorporated. 


58. Capital stock. 
59. Directors. 


44. Corporate powers. 


45. Method of condemnation pre- 
scribed. 


46. Powers of the Company in the 


building and operation of the bridge. 60. The first directors. 
47. May borrow money, mortgage 61. Officers. 
its property and franchises, and issue 62. By-laws. 


bonds. 
48. Capital stock. 
49, Board of directors. 


63. Power to purchase of others; 
rights and privileges. 

64. May accept certain property in 
payment for stock. 

65. Power to issue bonds. 

66. Power to consolidate, sell, 
lease its powers, franchises, etc. 

67. 


50. Corporations and companies 
which may become stockholders. 


51. Stock subscriptions and_ the or 


commencement of business. 
52. Condition of the franchise. 


Amendments. 


1. If any person shall willfully burn or otherwise de- 
stroy, or willfully attempt to burn or destroy any toll- 
bridge or any part thereof, erected, or that may be erected 
across the Ohio river, within this commonwealth, in whole 
or in part, he shall be deemed guilty of felony, and shall 
be imprisoned in the penitentiary not less than five nor 
more than twenty years 


2. If any person shall willfully injure such bridge or 
any part thereof, or the approaches thereto} or without 
authority take up or remove the paving or any part of it, 
or the planks in the bridge floor, or the tracks or rails, 
or place any obstructions upon the bridge or upon the 
approaches, or willfully impede any foot-passenger or 
vehicle, or stock in crossing such bridge, without the 
assent, or contrary to the rules of the company or owner 
of such bridge, or the keeper thereof, he shall be deemed 
cuilty of a misdemeanor, and shall be fined at the dis- 
cretion of a jury, and imprisoned in the county jail not 
exceeding one year. 


3. If any person shall willfully destroy or deface any 
sign, notice, card, or table of rules or rates posted and 


BRIDGES AND FERRIES. 


put up at said bridge by the company, owner, or keeper, 
for the information of the public, or shall, without right 
or authority, alter, take down, or remove the same, he 
shall be fined not less than ten nor more than fifty dollars 
before the mayor or police judge of a city, county judge 
or justice of the peace, and shall be imprisoned till the 
fine be paid. 

4. If any person shall, with the intent to defraud 
the company or owner of such bridge, fail or refuse to 
pay the toll required when crossing, or shall attempt to 
evade the payment thereof, he shall be fined from five to 
ten dollars. 

9. If any person shall ride or drive any team, or will- 
fully drive any stock across or upon said bridge, at a gait 
faster than a walk, such person shall, upon conviction 
before a justice of the peace or police judge, be fined 
from five to ten dollars. 

6. When any company or owner of such bridge shall 
issue and sell tickets in commutation of fare, for the 
convenience of, and to favor the public and those who 
frequently cross such bridge, or shall sell packages of 
tickets at a reduced rate below single fares, it shall not 
be lawful for any person to make traffic of the same, nor 
to resell such tickets at the same or at a less rate than 
the company charges for single fares; and any person 
violating this Section shall be fined from five to ten 
dollars for each offense. 


7. All fines imposed by virtue of this act, in amounts 
less than one hundred dollars, shall be imposed and en- 
forced as provided in Section 3, shall be prosecuted for 
in the name of the commonwealth, and shall be for the 
use of the common school fund of the city or town in 
which such bridge shall be located. 

8. The County Court of Jefferson County shall not 
have power or authority to establish ferries within the 
limits of The City of Louisville, or to fix or control the 
rates of ferriage, or in any manner regulate said ferries or 
their tolls; and the power and authority to establish ferries 


ARLACt~ to 
regulate the es- 
tablishment of 
ferries in Jef- 
ferson County. 
Approved Feb. 
22, 1865. 


BRIDGES AND FERRIES. 


within the limits of The City of Louisville are hereby 
granted to and invested in said City, for its benefit; the 
Mayor and General Council of which City shall have power 
not only to establish said ferries, but to regulate and 
control the same, and fix the maximum rates of ferriage 
to be charged and collected by any and all ferries run- 
ning within the limits of said City, and to prescribe | 
adequate fines and penalties to enforce the same, and 
to force a compliance with the regulations established 
by the General Council; and said General Council may 
levy and collect such ad valorem tax, or may rate and 
license and tax said ferries, as said Council may deem 
reasonable and proper ;! Provided, however, 


9. The City of Louisville shall establish, in favor of 
Wm. C. Hite, P. Varble, Richard H. Woolfolk, and 
Wm. J. May, under the style and name of the ‘‘ North 
and South Ferry Company,” on their application to 
said City, a ferry privilege, at such point on the Ohio 
river, between Fioyd and Clay streets in said City, as may 
now be owned or may hereafter be owned or leased by 
said North and South Ferry Company, or may establish 
any other company applying for similar privileges within 
The City of Louisville, to be governed by the rules and 
regulations provided for in this act and laws regulating 
ferries; Provided, That the landing be not within four 
hundred yards of any ferry existing at the time of said 


1 Running an unlicensed ferry within one mile of a ferry established by 
law is an actionable wrong against the proprietor of such lawful ferry.— 
Owens v. Roberts, 6 Bush, 60S. _The power of Congress to regulate commerce 
between the states does not interfere with the right of a state to legislate on 
questions which concern its own particular interests and those of its citizens, 
as in ferries etc., where Congress has not legislated.— City of Newport v. 
Taylor's Eat rs, 16 B. Mon., 699. And, the power of the states to regulate 
ferries and grant ferry franchises where a navigable stream divides two states 
can not be questioned; at least, unless Congress shall legislate upon the partic- 
ular question.— Jb. Nointention has been manifested by Congress to assume 
control of ferries.—Jb.; and Reeves v. Little, 7 Bush, 469. Kentucky ferry- 
men are not bound to transport persons or things from the opposite shore to 
Kentucky, nor are they subject to penalty for refusing to do so.— Ib.; Ken- 
nedy v. City of Covington, 17 B. Mon., 567. 


BRIDGES AND FERRIES. 


application. If the persons hereinbefore named do not 
make said application for a ferry privilege within thirty 
days from the passage of this act, then either of said 
persons, with his associates, may make said application 
to the authorities of said City for said ferry privilege ; 
And provided, further, 

10. If the City Council of Louisville refuse or over- 
rule applications, an appeal may be taken by the appli- 
cants to the Circuit Court of Jefferson County, which 
may hear and determine the case as fully as the City 
authorities of Louisville could do; and to enforce the 
determination, by process of contempt against the Mayor 
and Council of Louisville, the parties shall have the right 
of appeal to the Court of Appeals from the judgments 
of the Circuit Court; Provided, that when any person 
or persons owning or entitled to any portion of the land 
on the shore of the Ohio river, in The City of Louisville, 
shall desire to establish a ferry therefrom across said 
river, such person or persons may apply to the County 
Court of Jefferson County for the establishment of such 
ferry; and such application shall, in all respects, be 
governed by the general laws relating to the subject 
of ferries. 

11. Thomas W. Gibson, L. A. Whiteley, Joshua F. 
Bullitt, Joseph Davis Smith, and David T. Monsarrat, 
and their successors and assigns, are hereby constituted 
and declared a body corporate, under the name and style 
of the Louisville Bridge Company; and by that name 
and style they are hereby invested with all the powers 
incident to corporations. 


12. Said Company are hereby invested with all the 
rights, powers, and privileges necessary for the con- 
struction of, and they shall be and they are hereby 
authorized and empowered to construct a bridge across 
the Ohio river, extending from some convenient point 
within the corporate limits of The City of Louisville to 
some convenient point on the Indiana side of said river 
opposite to The City of Louisville, and also to purchase 


An act to in- 
corporate the 
Louisville 
Bridge Com- 
pany. Ap- 
proved Mar. 
10, 1856. 


38 


BRIDGES AND FERRIES. $ 


or condemn by writ of ad guod damnum, and hold as 
much real estate as may be necessary for the site of said 
bridge, or the sites for the piers, abutments, tollhouses, 
and suitable avenues leading to the same, and such other 
lands as may be necessary; Provided, that said bridge 
shall be constructed so as not to obstruct navigation, 
further than the laws of the United States and the decis- 
ions of the Supreme Court of the United States shall 
hold to be legal. 


13. Said Company may extend a railway over said 
bridge, with as many sets of tracks as may be deemed 
expedient, and shall have the right to fix reasonable rates 
of tolls for passing over said bridge, and to collect the 
same from all and every person or persons passing thereon, 
and upon all goods and chattels, vehicles, and animals 
passing thereon, or carried thereon, of every kind and 
description; and for this purpose toll-gates may be 
erected at each or either end of said bridge; and the 
rates of toll shall be posted up in some conspicuous 
place where toll is demanded. 


14, All the provisions of Section 10 of an act passed 
by the General Assembly of this commonwealth, and ap- 
proved January 29, 1829, entitled ‘‘An act to incorporate 
the Ohio Bridge Company,” are hereby reenacted as 
to and made to apply to the bridge herein provided to be 
constructed, and are hereby declared to be in full force 
and effect as to said bridge. 


15. The capital stock of said Company shall be one 
million five hundred thousand dollars, to be divided into 
shares of twenty-five dollars each. The manner of sub- 
scription and time of payment to be regulated by the 
by-laws of said Company; and said Company may receive 
real estate in payment of subscriptions of stock, and may 
hold and dispose of such real estate. 


16. Said Company shall have power to borrow money 
on such terms, at such rates of interest, for such times, 
in such places, and to such amounts as the president and 


BRIDGES AND FERRIES. 


— 


directors thereof shall deem: expedient, and may exe- 
cute such evidences of indebtedness as may be deemed 
proper, and may pledge the profits, franchises, rights, 
and credit of the corporation as security for any loans, 
liabilities, or contracts which they may make; and all 
bonds issued and made by said Company for the purposes 
aforesaid, shall be binding and obligatory upon such 
Company, and may be hypothecated or sold by said 
Company at such rates of discount as the president and 
directors thereof shall deem expedient. 


17. The president and directors of said Company shall 
have power to make all necessary by-laws, and regulate 
by by-laws and rules all matters not specially provided 
for herein; Provided, said by-laws and rules are not in- 
consistent with law. 


18. The business of said Company shall be conducted 
by five directors, who shall, of their number, elect a 
president, and shall elect or appoint such other officers 
and agents as the by-laws shall prescribe. 


19. The persons named in the first Section of this Act 
shall be such directors until their successors shall be 


elected and qualified; and should any of said persons 


decline to serve, the vacancy may be filled by some other 
person appointed and selected by those serving as such 
directors. 

20. An election for directors of said Company shall 
be held on the first Monday in January of each year, at 
such place and under such regulations as may be pre- 
scribed by the by-laws of said Company. 

21. This act shall be taken to be, and is hereby declared 
to be a public act, and shall bein force from and after the 
first day of March, 1856. ? 


2The City Council of Newport had authority to authorize the Newport 
and Cincinnati Bridge Company to construct a bridge and superstructure 
across the Ohio river from Newport to Cincinnati, so as to extend one of the 
streets of Newport across the river to Cincinnati; and also to authorize said 
Company to grade and elevate the streets and avenues approaching the 


39 


40 


An act to in- 
corporate the 
Louisville 
Bridge Com- 
pany. Ap- 
proved Feb. 
19, 1862. 


BRIDGES AND FERRIES. 


22. The charter of the Louisville Bridge Company, ap- 
proved the tenth of March, 1856, is revived and confirmed 
to James Guthrie, D. Ricketts, —— Ellery, and their 
associates, as successors to the persons named in the 
charter, and they are vested with all power and 
rights conferred by the charter, and they shall constitute 
a board of directors for the management and control 
thereof, and shall continue in office until their successors 
are elected and accept, in accordance with the by-laws 
the stockholders may adopt. 


23. Said Bridge Company shall have .authority to 


bridge, and to elevate the center of one of the streets, and protecting such 
elevation by stone walls and iron railings, so as to permit railway cars to 
pass from the street over such elevation to the bridge, sufficient space being 
left on either side of such elevation to permit wagons and carriages to pass 
two abreast between it and the side-walks, and without obstructing light, air, 
or passway to or from the adjacent lots. In this case the owners of the adja- 
cent lots have no right of action to recover for any consequential damages to 
such lots, resulting from such elevation or grading of the streets. — Newport 
and Cincinnati Bridge Co., v. Foote and others, 9 Bush, 264. Although cor- 
porations created by one state can exercise no corporate powers within the 
limits of another state without the consent of the latter, when that consent 
is obtained the fact that an amendment to the charter of the corporation by 
the state creating it is in conflict with some law or constitutional provision 
of the state licensing the corporation to exercise certain powers within its 
limits, can not destroy the validity of the amendment.— City of Covington v. 
Covington and Cincinnati Bridge Co., 10 Bush, 69. The legislature of Ken- 
tucky incorporated a company with the usual corporate powers, the subject 
of which was the erection of a bridge across the Ohio river at Covington, 
but withheld the power of organization until the Ohio legislature should 
confirm the act of incorporation, which was afterwards done; held, that the 
State of Kentucky had the power to create such corporation, with the right 
to exercise in this State any powers not in violation of the state or federal 
constitutions, and it was essentially a Kentucky corporation. A corporation 
can not have two domiciles at the same time; it obtains a residence not by its 
own act but by the legislative authority which fixes the requisites of resi- 
dence. — Newport and Cincinnati Bridge Co. v. Woolley, 78 Ky., 523. A bridge 
company incorporated and established by the legislature of Ohio was properly 
sued as a non-resident; each of the corporations, i. e., the Newport and Cin- 
cinnati Bridge Company established by the laws of Ohio, and the same 
Company established by the statute of Kentucky, are agents for each other, 
and each is bound by the act of the other in the transaction of their common 
business.— Ib. A bridge is not excluded by a ferry franchise unless it prove 
a physical obstruction to the operation of the ferry.— Piatt and others v. 
Covington and Cincinnati Bridge Co., 8 Bush, 31. 


BRIDGES AND FERRIES. 


contract with any railroad company incorporated under 
the laws of the State of Kentucky, or any other state of the 
United States, to warrant the annual profits of the bridge 
to be built by said Company shall be equal to the expense 
of keeping the bridge in repair, and of its operation ; 
and that the net earnings shall be equal to six per cent. 
on a cost of one million dollars. 


24. Said Bridge Company shall have the right to 
contract at an agreed sum or rate with any railroad 
company chartered by the State of Kentucky, or any 
other state of the United States, for the annual use of 
said bridge by the cars, or for the purposes of said rail- 
road company. 


20. Said Bridge Company shall have power and author- 
ity to raise, on seven per cent. coupon bonds, eighty-five 
per cent. of the cost of said bridge, and secure the same 
by mortgage on said bridge and the chartered franchises 
of the Company, and provide in the mortgage that if the 
bridge, land, and franchises shall be sold under the mort- 
gage, that the purchasers shall be the successors of the 
Bridge Company, and entitled to all benefits, rights, and 
privileges of the charter. 


26. It shall be jiawful for such purchasers, and their 
associates, to own and operate said bridge under the 
charter by the name of the Louisville Bridge Company, 
or any other name they may select. 


27. Any railroad company incorporated by the com- 
monwealth of Kentucky may lawfully subscribe to the 
stock, or make the guaranties and agreements authorized 
by the preceding sections of this act, when authorized by 
the stockholders at some general meeting. 


28. Bennett H. Young, St. John Boyle, Bluford Wilson, 
Charles Godshaw, E. F. Trabue, and their successors and 
associates, are hereby constituted and declared a body 
corporate forever, under the name of the Kentucky and 
Indiana Bridge Company; with power to sue and be sued, 


41 


An act to in- 
corporate the 
Kentucky and 
Indiana Bridge 
Company. Ap- 
proved April 
1, 1880. 


42 


BRIDGES AND FERRIES. 


contract and be contracted with, and with all other powers, 
rights, and privileges incident to corporations. 

29. Said Kentucky and Indiana Bridge Company is 
hereby empowered to locate, build, construct, and 
maintain, under the laws of the United States, a bridge 
for railway, wagon, street railway, and all other pur- 
poses, between the cities of Louisville, Kentucky, and 
New Albany, in the State of Indiana, from any con- 
venient and accessible point within the limits of The 
City of Louisville, or within one mile thereof, to: any 
point in the city of New Albany, Indiana, or within one 
mile thereof, and may, if desired, cross over Sand Island, 
or any bar above or below said Island ; and said Company 
is hereby clothed with all the powers, privileges, rights, 
and franchises necessary for the carrying out the pur- 
poses named herein; and is empowered to purchase, 
lease, or condemn all the real estate that may be neces- 
sary for the purposes of said corporation, whether for 
piers, approaches, tracks, tollhouses, or approaches lead- 
ing to the same, and shall have all rights and powers for 
the condemnation of property as may be necessary and 
requisite to secure the purposes of this act. 


30. Whenever said Company shall desire to condemn 
any property for the purposes named in this act, within 
the County of Jefferson, the said Company shall file a 
petition in the Lousville Chancery Court or Jefferson 
Court of Common Pleas; and such proceedings shall be 
carried on, aS near as may be, as actions at law by ordi- 
nary proceedings. Warning orders against non-residents, 
absent defendants, or unknown owners of property, must 
be published three times in one of the daily papers pub- 
lished in Louisville, the last publication at least ten days 
before the trial. The owners of distinct parts of one 
contiguous tract may all be included in one proceeding, 
or any one or more of them holding contiguous tracts 
may be proceeded against in a separate action. These 
causes shall be tried by juries, as other cases are tried 
in said courts, and shall have precedence upon the docket 


BRIDGES AND FERRIES. 


as soon as the parties are before the court and the issues 
are made up. The jurors shall be sworn truly and im- 
partially to ascertain and determine, by their verdict, 
the amount of compensation each owner will be entitled 
to if his land or property described in the petition is 
condemned. The court in which these proceedings are 
brought shall have power to assign a day for the trial of 
the case as soon as the petition is filed; and upon the 
return of the verdict, the court shall enter judgment, 
vesting title to the property described in said corpora- 
tion, said judgment to take effect upon the payment into 
the court by the said corporation of the amount of money 
named in the verdict. If the said amount so named in 
the verdict shall not be paid within thirty days from the 
rendering of said judgement, the said proceedings shall 
be dismissed without predjudice to any subsequent pro- 
ceeding. 


31. Said corporation shall have the power to lay down 
on said bridge a single or double track for railroad cars or 
street cars, or for wagons or other vehicles, and all animals, 
and to erect foot-ways for passengers, and to charge for 
the use thereof reasonable tolls; and for said purpose 
may erect, on either or both sides of said bridge, toll- 
gates, and may do all other acts or things necessary for 
collecting the charges for the use of said bridge; and 
may also run any line of railways through The City of 
Louisville, in such terms as may be prescribed by ordi- 
nance of said City of Louisville, or along any street or 
alley, to connect with any railroad bridge, transfer com- 
pany, or depot; and shall have the right to operate or 
lease said connecting line or lines, and may charge a 
reasonable compensation for the use of the same. 


32. Said corporation is empowered to borrow any 
money for the purposes named in this act, and to pledge 
its property and franchises to secure the payment of the 
same, and to issue bonds in any amount, not exceeding 
fifteen hundred thousand dollars, its stockholders may 
determine, and secure the same by a mortgage. or 


44. 


BRIDGES AND FERRIES. 


mortgages upon all its property and franchises of every 
kind; and said bonds may bear any rate of interest not more 
than six per cent.,run any time, and be made payable at 
any place the board of directors of said corporation may 
deem proper; and may be sold or disposed of as said 
board may direct. 

33. The capital stock of said corporation shall be one 
million five hundred thousand dollars, or any less sum 
the stockholders may fix, and shall be divided into shares 
of one hundred dollars each, and be made payable at 
such time and in such manner as the board of directors 
of said Company may require. 

34. The affairs of said corporation shall be under the 
control and management of a board of directors, com- 
posed of not less than five nor more than eleven stock- 
holders, chosen at an annual meeting to be held on the 
first Monday in March of each and every year, in The 
City of Louisville, who shall hold office until their suc- 
cessors are elected and qualified; and in case of a va- 
cancy, said board shall fill the same until the next 
meeting of the stockholders. Said directors, from among 
their number, shall choose a president, vice president, 
and secretary, and may elect any other officers they deem 
requisite for the management of the business of the cor- 
poration, and may prescribe their duties, and require 
bonds for the faithful performance of the same; and 
may make all by-laws and regulations for the govern- 
ment of said corporation and its officers and employes. 

39. Said corporation may contract with any railroad 
company, in or out of the State, for the use of said bridge © 
by its cars and engines, or for other purposes; and any 
railroad or street railway, or person or municipal corpor- 
ation, in or out of this State, may subscribe for the capi- 
tal stock of said corporation, wpon any terms or condi- 
tions agreed upon; and may make such contracts or 
agreements as may be deemed expedient for -the use; 
management, or control of said bridge. 


36. The incorporators named herein, or a majority of 


BRIDGES AND FERRIES. 


them, may meet at any place in The City of Louisville, 
and open books for subscriptions for stock ; and when- 
ever three hundred shares of the capital stock shall have 
been subscribed for, the subscribers, upon ten days’ 
notice of the time and place of meeting, published in 
some Louisville paper, shall meet and elect a board of 
directors ; and said corporation shall then be entitled to 
commence business. This act is hereby declared a public 
act. j 

37. The Kentucky and Indiana Bridge Company is 
hereby authorized and empowered to have and exercise 
in the State of Indiana all the rights, powers, facilities, 
franchises, and privileges contained in and conferred by 
an act of the General Assembly of the State of Indiana, 
approved April 9,:-1881, and entitled ‘‘An act supple- 
mental to an act entitled an act providing for the incor- 
poration of companies formed for the purposes of con- 
structing bridges for railway or common roadway pur- 
poses, or both, over rivers and streams forming the 
boundaries of the State of Indiana as a part thereof,’’ 
approved March 2, 1875; and also the rights, powers, 
facilities, franchises, and privileges contained in and con- 
ferred by the act to which the said entitled act is supple- 
mental, so far as the same may under the laws of said 
State be had and exercised by said Company. And said 
Kentucky and Indiana Bridge Company is authorized 
and empowered to consolidate with any bridge company 
organized under the laws of the State of Indiana for the 
purposes of building a bridge or bridges in connection 
with the said Kentucky and Indiana Bridge Company, 
or across the Ohio river between the cities of Louisville 
and New Albany. And any such consolidation made 
or hereafter made, is hereby approved, ratified, and con- 
firmed, and said Kentucky and Indiana Bridge Company 
is authorized to contract with or construct any railway 
or terminal line either in Kentucky or in the said State 
of Indiana which may be necessary for completing its 
terminal facilities, and may bond the same, or may 


pn 
or 


An act to 
amend an act 
entitled an act 
to incorporate 
the Kentucky 
and Indiana 
Bridge Com- 
pany. <Ap- 
proved Mar. 
13, 1884. 


46 


BRIDGES AND FERRIES. 


Ordinance, 
approved Oct. 
iM tote} Ie 


indorse the bonds of any corporation or company build- 
ing such line or lines; or it may extend such branch lines 
through the city of New Albany, State of Indiana, and 
it may construct such line or lines in the County of Jef- 
ferson, State of Kentucky, as may be necessary to com- 
plete the connection with other railways or depots, and 
may either bond separately such line or connections, or 
it may indorse the bonds of any corporation building a 
transfer line connecting with any of its branch lines 
north or south of the Ohio river. The bonds of the Ken- 
tucky and Indiana Bridge Company issued, or hereafter 
issued, are placed upon the same footing for purposes of 
investment and all other respects, as the bonds of The 
City of Louisville; said Kentucky and Indiana Bridge 
Company is authorized to connect its line with the line of 
the Short Route Transfer Company; and for that pur- 
pose may cross other railway or bridge lines, passing 
either under or over the same; and where it may cross 
such line or lines, in case the expenses or damages accru- 
ing on account of such crossing would not be agreed 
upon, the same may be condemned, as ground is con- 
demned by the charter of this Company. The said Com- 
pany is authorized to cross the land of other railway or 
bridge companies in case it may be necessary in running 
its connecting lines; the same to be acquired only in the 
manner set out in the charter. 


38. The right of way, so far as The City of Louisville 
has power to grant it, is hereby granted to the Kentucky 
and Indiana Bridge Company to locate and build piers 
and abutments of, and approaches to the bridge to be 
built by it across the Ohio river, between Louisville and 
New Albany aforesaid, along the public streets and ways 
of The City of Louisville aforesaid, from a point on the 
Ohio river, between Thirty-second and Thirty-third 
streets,- across the alley between Missouri and Water 
streets, and between Thirty-second and Thirty-third 
streets, across said Missouri Avenue, between Thirty- 
second and Thirty-third streets, and along the alley 


BRIDGES AND FERRIES. 


47 


between Missouri Avenue and Rudd Avenue, and 
from Thirty-second Street to Twenty-ninth Street, 
and from Twenty-ninth Street to Twenty-sixth Street, 
and along the southern line of the land immediately ad- 
jacent to the Louisville and Portland Canal to Fifteenth 
Street, and across all intervening streets between the 
point of the beginning and the said Fifteenth Street, to 
be used for all the purposes of said bridge company in 
the construction and operation of the bridge aforesaid, 
across the said Ohio river, together with its connections 
through The City of Louisville by steam locomotive 
power, and to Thirty-fourth Street, and with the north 
line of Water Street to the bank of the Ohio river for 
marine transfer. | 


39. The location and construction of piers, abutments, 
and approaches aforesaid shall be in such manner as 
shall least obstruct the public ways aforesaid, and shall 
be located and constructed substantially, according to 
the plans and drawings now on file in the office of the 
Secretary of War, at Washington, D. C. _ 

40. The right of way herein granted to the Kentucky 
and Indiana Bridge Company is upon condition that the 
Company shall build and complete a bridge for railroad, 
street-car, vehicle, and foot-passenger purposes across 
the Ohio river, between the cities of Louisville and New 
Albany aforesaid, within five years from the date of the 
passage of this ordinance; otherwise this ordinance shall 
be null and void. 

41. The rate of speed for cars and locomotives shall 
be subject to such rules and regulations as the General 
Council of The City of Louisville may by ordinance 
provide. | 

42. The City of Louisville, in so far as it has the 
power, hereby grants to the Kentucky and Indiana 
Bridge Company the right to lay, down Canal Street, be- 
tween Eighteenth or Bridge and Fifteenth Streets, its 
track or connecting railway lines, but this grant is sub- 
ject to all the terms and conditions set out in the ordinance 


Ordinance, 
approved Noy. 
23, 1881. 


48 


BRIDGES AND FERRIES. 


An act to in- 
corporate the 
1255 12.8 Vil ce 
and? Jefferson- 
ville Bridge 
Company. Ap- 
proved May 5, 
1880. 


approved October 19, 1881, for the operation of the trains 
of said Kentucky and Indiana Bridge Company. 

43. L. F. Warder, Jonas G. Howard, John F. Read, 
John C. Howard, James Burke, William Stauss, David 
S. Barmore, Felix R. Lewis, and James Kegwin, of Jef- 
fersonville, Indiana; and Jacob Krieger, Sr., John B. 
Bangs, James B. Wilder, Edward Fulton, John D. Tag- 
gart, W. R. Ray, C. R. Long, G. Spratt, F. P. Schmitt, 
John G. Baxter, Jacob Bickel, Dennis Long, H. C. Mur- 
rell, Bennett H. Young, R. 8. Veach, H. V. Newcomb, 
H. W. Bruce, Samuel Russell, Andrew Barnett, and 
Edward Wilder, and their successors and associates, are 
hereby constituted and declared a body corporate forever, 
under the name of the Louisville and Jeffersonville Bridge 
Company, with power to sue and be sued, contract. and 
be contracted with, and with all other powers, rights, and 
privileges incident to corporations. 

44. Said Louisville and Jeffersonville Bridge Company 


_ is hereby authorized and empowered to locate, construct, 


and operate and maintain, under the laws of the United 
States, a bridge for railways, wagons, street railways, 
and all other passenger purposes, between the cities of 
Louisville, in the State of Kentucky, and Jeffersonville, 
in the State of Indiana, from any convenient and acces- 
sible point within the limits thereof to any point in the 
city of Jeffersonville, Indiana, starting at some point in 
The City of Louisville east of First Street near to the 
Ohio river. And said Company is hereby clothed with 
all powers, franchises, rights, and privileges necessary 
for the carrying out of the purposes named herein, and 
is empowered to purchase, lease, or condemn all the real 


estate that may be necessary for the purposes of said 


corporation, whether for piers, approaches, tracks, toll- 
houses, or approaches leading to the same, and shall have 
all the rights and powers for the condemnation of prop- 
erty as may be necessary and requisite to secure the pur- 
poses of this act. 


45. Whenever said Company shall desire to condemn 


BRIDGES AND FERRIES. 


any property for the purposes named inthis act within 
the County of Jefferson, in the State of Kentucky, said 
Company shall file a petition in the Jefferson Court of 
Common Pleas, and such proceedings shall be had 
thereon, as near as may be, as actions at law or ordi- 
nary proceedings. Warning-orders against non-residents, 
absent and unknown owners of property, must be pub- 
lished three times in one of the daily papers published 
in Louisville, the last publication at least ten days before 
the trial. The owners of distinct parts of one contiguous 
tract may all be united in one proceeding, or any one or 
more of them holding contiguous tracts may be proceeded 
against in separate actions; such actions shall be tried by 
jurors, as other ordinary actions are tried in said court, 
and shall have precedence on the docket as soon as the 
parties are before the court and the issues are made up. 
The jurors shall be sworn to ascertain and determine by 
their verdict the amount of compensation each owner 
will be entitled to if his land or property described in 
the petition is taken for the purposes of this act. The 
court in which these proceedings are brought shall have 
power to assign a day for the trial of such cases as soon 
as the petition is filed, and upon the return of the verdict 
the court shall enter its verdict vesting title to the prop- 
erty described in said petition in said corporation, the 
judgment to take effect upon the payment into court by 
the said corporation of the amount of money named in 
the verdict. If the said amount so named shall not be 
paid within thirty days from the rendering of said judg- 
ment, the said proceedings shall be dismissed without 
prejudice to any subsequent proceedings. 


46. Said corporation shall have the power to lay down 
on said bridge a single- or double-track railway for rail- 
roads or street cars, and also to construct ways for wagons 
or other vehicles and animals to pass thereon, and to 
erect ways for passengers, and to charge for the use 
thereof reasonable tolls, and for said purposes may erect 


at either or both ends of said bridge toll-gates, and may 
4 


49 


50 


BRIDGES AND FERRIES. 


do all other acts and things necessary for collecting 
the charges for the use of said bridge, and may also run 
any line or lines of railways through The City of Louis- 
ville upon such terms as may be prescribed by ordinance 
of said City of Louisville, and subject to the provisions. 
of Section 15 of the charter of The City of Louisville, or 
on or along any street or alley with railway or any other 
transfer company or depot, and shall have the right to 
operate or lease said connecting line or lines, and may 
charge a reasonable compensation for the use of the same. 


47. Said corporation is empowered to borrow money 
to carry out the purposes named in this act, and to mort- 
gage all its property, rights, and franchises to secure the 
repayment of the same, and to issue any amount of bonds 
not exceeding one million five hundred thousand dollars, 
and secure the same by mortgage or mortgages upon all 
its said property, rights, and franchises’ of every kind, 
and the said bonds may bear any rate of interest, not 
exceeding six per cent. per annum, payable halt-yearly, 
and may run so as to be payable at any time within 
thirty years, interest and principal to be payable at some 


place to be designated in the bonds and mortgages, and 


interest to be secured by coupons thereto annexed. 

48. The capital stock of said corporation shall be one 
million five hundred thousand dollars, or any less sum 
the stockholders may fix, and shall be divided into shares 
of one hundred dollars each, and shall be payable at 
such times and in such amounts as the board of directors 
of said Company may require; and it shall be lawful for 
said Company to contract with any individual or corpor- 
ation for the payment of stock by furnishing the labor 
or material to be used in or about the construction of the 
said bridge, upon such terms as may be agreed upon. 


49. The affairs of said corporation shall be under the 
control and management of a board of directors, com- 
posed of not less than five nor more than seven stock- 
holders, chosen at an annual meeting to be held on the 
first Monday in May of each and every year, in The City 


BRIDGES AND FERRIES. 

of Louisville, at the Company’s chief office, who shall 
hold their offices until their successors are elected and 
qualified ; and in case of vacancies said board shall have 
the power to fill the same until the next annual meeting 
of the stockholders. Said board of directors from among 
their number shall choose a president, vice-president, 
and secretary, and may also elect or appoint any other 
officers or agents they shall deem necessary or proper for 
the management of the business of the corporation, and 
may prescribe other duties and require bond for the faith- 
ful performance of the same, and make all such proper 
and necessary by-laws for the regulation and manage- 
ment of the affairs of said corporation and its officers 
and employes, as they deem proper. 


50. And the city of Jeffersonville is hereby authorized 
to subscribe and pay for stock in said Bridge Company as 
may be agreed upon, as may also the Louisville and Nash- 
ville Railroad Company; the Louisville, Cincinnati and 
Lexington Railway Company; the Chesapeake and Ohio 
Railroad Company; the Elizabethtown, Lexington and 
Big Sandy Railroad Company; the Louisville, New Albany 
and Chicago Railway Company; the Ohio and Mississippi 
Railway Company; the Louisville, Chicago and St. Louis 
Railway Company, and the several street railway compa- 
nies running or operating lines in the said cities of Louis- 
ville or Jeffersonville, and any mining or manufacturing 
corporation in this State, upon terms to be agreed upon; 
and said corporations, or any one or more, may guarantee 
earnings of said bridge upon such terms and conditions 
as may be agreed upon, together with all such other 
contracts and agreements asmay be necessary and proper 
for the proper use and management of said bridge. 


61. The corporators named herein, or any five of them, 
may meet at any place in The City of Louisville and 
open books for subscription for capital stock, and when- 
ever three hundred shares of the capital stock shall have 
been subscribed the subscribers, upon ten days’ notice of 
the time and place of meeting, published in some 


BRIDGES AND FERRIES. 


AN Bet ato 
charter the J ef- 
ferson Ferry 
Company. Ap- 
proved Jan. 19, 
1867. 


Louisville paper, shall meet and elect a board of directors, 
and said corporation shall then be entitled to commence 
business. 


92. Unless the Company hereby created shall in good 
faith begin work within two years from the passage of 
this act, the franchises hereby granted shall be void. 


53.,.W. R. Ray, H. K. Thomas, Henry Dent, Jas. 
Harrison, and J. J. T. Murray, and their successors, 
associates, and assigns, are created a body corporate and 
politic by the name and style of the Jefferson Ferry 
Company, with power to contract and be contracted 
with, sue and be sued in that name in all courts and 
places; to have a common seal, or to act without such seal. 


94. The right and privilege is given to said Company 
to maintain and conduct a ferry across the Ohio river at 
or near to the terminus of the road called the Fountain 
Ferry Road, in Jefferson County, Kentucky, or where 
Market Street, if extended on a straight line, will strike 
said river; and to have and hold, by purchase or lease, the 
land necessary for said ferry on said river; Provided, 
That said Company, before it shall use said ferry privi- 
lege, shall execute the covenant with good security, 
required by the thirty-ninth Chapter, title ‘‘ Ferries,”’ of 
the Revised Statutes, and all amendments thereto; and 
shall be subject to and governed by the laws of this State 
in regard to ferries. 


59. The capital stock of said Company shall be fifty 
thousand dollars, to be divided into shares of fifty dollars 
each; and said Company use either animal or steam power 
in their ferry-boats to propel the same; and the business, 
affairs, terms of subscription for stocks, terms of pay- 
ment, and prudential concerns of said Company, shall 
be managed and controlled by a board of five directors, 
all of whom shall be stockholders in said Company, and 
shall be elected annually on the first Monday in January ; 
but shall hold their office until their successors are elected 
and qualify. The said board of directors shall elect one 


BRIDGES AND FERRIES. 


of their own body president, annually; and may appoint 
all necessary officers and agents, and employ servants to 
. carry on said ferry; and may require bond with security 
of such officers and agents or servants, with such condi- 
tions and penalty as the said board of directors shall 
deem proper for the protection of said Company, or other 
persons; and said board of directors may pass and en- 
force by-laws for the government of said ferry, and said 
Company’s affairs and business, not contrary to the con- 
stitution and laws of this or the United States. 


06. This grant of a ferry shall be for twenty years, and 
this act shall take effect from its passage. | 


ov. James F. Irvin, Wm. A. Duckwall, and Moses 
Irwin, their successors and associates, are hereby created 
a body corporate forever, by the name of Portland and 
New Albany Ferry Company, with power to sue and be 
sued, plead and be pleaded, answer and defend in all 
courts and. places, as a natural person, contract and be 
contracted with, purchase, hold, or sell all such property, 
real and personal, as may be necessary or convenient to 
enable such corporation to carry on the business of ferry- 
ing freight and passengers, vehicles and other things 
over the Ohio river, and generally to do and perform all 
such acts as an individual might do and perform in the 
premises. 

98. The capital stock of said Company shall consist of 
two thousand shares of stock of the par value of one 
hundred doHars each. 3 


99. The business of said corporation shall be controlled 
by three directors, to be chosen annually, and by a pres- 
ident, to be elected by them. 


60. The corporators above named shall act as directors 
of said Company until their successors are elected as 
herein provided, and as such shall have all the powers 
granted herein to the directors. 


8See Section 67, following. 


1 
Ww 


An act to in- 
corporate the 
Portland and 
New Albany 
Ferry Com- 
pany. <Ap- 
proved March 
29, 1882. 


‘ 


BRIDGES AND FERRIES. 


61. There shall be elected by the directors a secretary 
and such other officers as their by-laws may direct, who 
shall hold their offices respectively until their successors 
are elected and qualified. 

62. The manner, term, and place of holding elections 
and giving notice thereof, of subscribing, paying, and 
transferring stock, of compensating officers, and gener- 
ally of conducting and managing the business and cor- 
porate affairs of said corporation, shall be regulated by 
the by-laws to be adopted by the directors, who are 
hereby authorized to enact and repeal such by-laws at 
pleasure. And the same while in force shall have the 
same force and effect as if enacted herein, provided they 
are not inconsistent with the constitution and laws of 
this State. 

63. Said corporation may purchase from any indi- 
viduals, companies, or associations any ferry-boats, 
wharves, approaches, and ferry franchises of any ferry 
or ferries between New Albany and Portland, together 
with all the real and personal property belonging to the 
same. And upon the purchase of all such existing fran- 
chises shall have the right to carry on and conduct a 
ferry or ferries between said cities, and in the operation 
of the same shall have all the protection accorded to 
established ferries, under Section 19, Chapter 42, of the 
General Statutes of this commonwealth, as if the same 
had been inserted herein. 

64. Said corporation may except such boats, franchises, 
wharves, and other property in payment of stock sub- 
scribed, and at such prices as may be agreed on. 


65. This corporation shall have the power to issue 
coupon bonds.bearing interest at the rate of six per cent. 
per annum, payable semi-annually, to mature at such 
time or times and place or places as may be designated 
in the bonds, not in excess of one hundred thousand 
dollars; and to secure the payment of the same, with the 
interest as aforesaid, they may execute one or more motrt- 
gages to one or more trustees, on all its franchises and 


BRIDGES AND FERRIES. 
privileges and of allits estate and property, real, personal, 
and mixed, upon such terms and conditions, and stipula- 
tions as may be covenanted therein. 


66. This corporation shall have the power to consoli- 
date with any other corporation or association created or 
existing under the laws of this commonwealth or of any 
other state; and may sell or lease its powers, franchises, 
and privileges, and all of its corporate property, of any 
character whatever, to any other corporation or associa- 
tion created and existing under the laws of this common- 
wealth or any other state. 


67. Section 1 of ‘‘An act to incorporate the Portland 
and New Albany Ferry Company,’ approved March 29, 
1882, is amended by inserting the names of J. H. Lin- 
denberger and A. Dowling as corporators in lieu of that 
of James F. Irvin, now deceased, and that the said corpor- 
ators shall have the right to organize said corporation at 
any time within four years from the date of the passage 
of this act. Section 2 of the aforesaid act is so amended 
as to read that the capital stock of said Company shall 
not exceed two thousand and five hundred shares as may 
be determined by the corporators or. board of directors, 
and of the par value of one hundred dollars each. 


BGS See FINES AND MISDEMEANORS—PUBLIC WaAyS— RAILROADS — 
TAXATION — WHARVES AND HARBORS. 


An act to 
amend an act 
to incorporate 


the Portland . 


and New A1l- 
bany Ferry 
Company, ap- 
proved March 
29, 1882. Ap- 
proved April 
4, 1884. 


Ordinance, 
approved July 
1, 1874. 


CATE LHR Fevers 


BUILDINGS. 


CON TENDS: 


1. Building permits required. 8. Violations of the ordinance and 
2. Applications for permits. penalty therefor, 

. ae > 9. Erectio 1 removal of woode 
3. Duties of the Engineer before J, Krection and removal of wooden 


: : : 1 1 es res rj +6 be i i 
approving an application. buildings restricted | aun yk 

10. Unsafe and dangerous buildings 
declared to be abatable public nui- 
sances. 


4. Grievances. 


5. Issuance of permits and register 
of applications and permits. : ee 
Pea I 11. Steps preliminary to abatement 
6. Regulations as to occupancy of | of such a nuisance. 
public streets for building purposes. 


12. Abatement'under order of court; 
7. Inspections by the Engineer. costs of the work of abating. 


1. Hereafter, it shall be unlawful for any person or 
company to have any house or other building erected 
within the limits of The City of Louisville without first 
obtaining a permit for that purpose, as hereinafter pro- 
vided; or to occupy any portion of the public streets, 
alleys, or sidewalks by building materials, without first 
obtaining a permit for that purpose, as hereinafter pro- 
vided. 

2. Any person designing to have a house or other 
building erected within said City, or to have one altered 
or enlarged to the extent indicated in Section 1, shall 
make a written application for a permit to the City 
Engineer, filled out on a printed form to be furnished by 
The City; which application shall set forth the exact 
location where it is proposed to erect the building, the 
estimated cost for same and estimated time for comple- 
tion, the dimensions of the building and material to be 


BUILDINGS. 


used in its construction, the thickness of the outer walls, 
and the plan of the building in general terms. Or if the 
application is for a permit to alter and enlarge a build- 
ing, the said application shall set forth the character of 
the proposed alteration or enlargement, and state the 
thiekness of any walls to be demolished or erected. , 


3. Upon receiving such application the City Engineer, 
or an assistant designated by him, shall inspect the loca- 
tion named, and if satisfied that the proposed building 
will be of suitable strength and constructed with due 
provision to avoid against the ordinary risk of taking 
fire, or if satisfied that the proposed alteration or enlarge- 
ment will not dangerously weaken the building, or 
unduly expose it to the risk of fire, he shall approve the 
application and transmit it as hereinafter directed ; pro- 
vided, however, that the provisions of this ordinance 
shall not be so construed as to prevent the proper con- 
struction of buildings out of stone, brick, metal, or 
wooden materials, under the provisions of the City 
charter and the ordinance approved March 25, 1871. 4 


4. If the City Engineer shall withhold his approval 
of an application after five days have elapsed from the 
time he received the same, the party making the appli- 
cation may, if he decline altering his plans to conform 
to such directions as said Engineer may consider neces- 
sary for the public welfare, bring the matter as a grievance 
before the Mayor, and the said Mayor shall then deter- 
mine whether the party shall have the permit or not; 
and if decided in the affirmative the said Engineer shall 
immediately note the action of said Mayor upon the 
application, and transmit the same as if approved by 
him. : 


9. Upon a permit’s being authorized by the Mayor, as 


provided in Section 4 of this ordinance, or upon the 
approval of an application by the City Engineer, the 


1Section 9, following. 


or 


oe) 


BUILDINGS. 


latter shall transmit the application to the office of the 
Mayor without delay, when a permit shall be issued to 
the applicant. And in said Mayor's office there shall be 
kept a book in which shall be registered the date of the 
reception of the application at the Engineer's office, a 
description of the building as to its location, proposed 
dimensions and cost, and the date of the issue of the 
permit; and a separate book in which shall be registered 
similar information relating to the alteration and repair 
of buildings. 

6. Upon receiving a permit the party intending to 
build shall, if the street be not graded in front of the 
proposed building, obtain the proposed grade from the 
City Engineer’s office. The portion of any public street 
which may be occupied by the material necessary for a 
building in course of construction shall not exceed in 
extent the dimensions of the,front of the premises being 
built upon and twenty-five feet in addition thereto, and 
not exceeding one third of the street in breadth; and 
such occupation of a public street shall not be prolonged 
to what may be, in the judgment of the City Engineer, 
an unreasonable or unnecessary period; provided, that 
a sufficient passage or cartway shall at all times be left 
unencumbered between said building materials and the 
opposite curbstone for the passage of vehicles; and 
provided further, that no building materials shall be 
placed within four feet of any fire-cistern, fire-plug, 
pump, or footway crossing, or within twelve inches of 
any curbstone. It is hereby made the duty of the Chief 
of Police to prosecute any violation or avoidance of the 
requirement and true intent of this Section, after he 
shall have given twenty-four hours’ notice to any master- 
builder employed on the building, or to the owner thereof, 
should such warning be unheeded and the offense unre- 


‘paired. 


7. The City Engineer, or an assistant designated by 
him, shall examine the premises during the erection or 
alteration of buildings as often as he may deem necessary, 


BUILDINGS. 


to see that the buildings are erected or altered according 
to the application upon which the permit has been issued. 


8. Any person violating the requirements of this ordi- 


- nance, by proceeding to erect, or alter or enlarge a build- 


ing within the limits of said City, or permitting the same 
to be done upon any lot of ground owned or leased by 
him, without having first obtained a permit as herein 
intended and required, and any person who shall take 
charge of or direct the work of such erection, alteration, 
or enlargement, without a permit’s having been issued 
as herein required, or who shall occupy more of a public 
street for building materials than is herein permitted, 
shall be deemed guilty of a misdemeanor, and on convic- 
tion of the same, as aforesaid, shall be fined not less than 
five, nor more than twenty dollars in the first place, and 
five dollars additional for each day that the offense is 
continued. 


9. Hereafter no building, the outer walls of which are 
constructed in whole or in part of wood, shall be erected 
in The City of Louisville so as to endanger by fire any 
permanent building. No wooden building shall be 
removed to any point within The City whereby a perma- 
nent building may be endangered by fire. Any person 
violating the provisions of this ordinance shall be fined 
twenty dollars for each day’s offense. 


10. Any building, block of buildings, or parts of build- 
ings, situated and fronting upon any of the streets or 
alleys of said City, which are now or may hereafter 
become unsafe or dangerous to the lives or bodies of 
persons passing along such streets or alleys, or to other 
adjacent houses or other property, are hereby declared 
to be public nuisances, and may be abated as hereinafter 
provided. 


11. It shall be the duty of the Mayor, upon receiving 
information of the existence of any such nuisances as 
are described in the preceding Section, to give notice 
thereof to the City Attorney, whose duty it shall be to 


or 
Ped 
oO 


Ordinance, 
approved Mar. 
200 LSet: 


Ordinance, 
approved Mar. 
24, 1856. 


60 


BUILDINGS. 


move the City Court of said City for an order to abate 
such nuisance, and thereupon said court shall order a 
summons to issue against the owner or owners of the 
property, returnable within such time as the court 
may deem reasonable, requiring him or them to appear’ 
and show cause, if any he can, why such nuisance shall 
not be abated; and if he fail to appear upon the return 
day of the summons, or appearing shall not show any 
good cause why such nuisance shall not be abated, then 
said court shall proceed to hear proof of the facts in 
relation to such property, and if the court shall become 
satisfied that a nuisance does exist, it shall then order 
the owner or owners to abate and remove the nuisance 
within a reasonable time thereafter; and upon his or 
their failing to do so by the day fixed by the court, the 
Mayor shall, in the name of said City, contract with 
some suitable person or persons to abate and remove 
such nuisance at the cost of the owner or owners of 
the property, as provided in Section 18, Article 7, of 
the City charter. ? 


12. The owner or owners of such property shall have 
at least three days’ notice before the trial of the motion 
herein provided for, by the execution of the summons 
upon him, if a resident of said City or of Jefferson 
County; but if he or they be non-residents of said 
county, then such notice in writing as the court shall 
deem reasonable shall be given by the Mayor by letter ; 
provided, however, that if the court, upon proof by 
affidavit or otherwise, made at the time of the making 
of the motion, shall be satisfied that the danger from 


2Section 18, Article I, of the charter of 1851, is as follows: “The General 
Council shall have power to pass ordinances to compel the abatement and 
remoyal of nuisances existing within said City by the owners of property on 
which said nuisance exists, or to provide by ordinance for the removal and 
abatement of any and all such nuisances at the cost of the owner or owners 
of property on which the same may exist, and a lien is hereby created for 
such cost of abatement and removal on the property on which it existed, 
and the amount of such cost may be enforced as liens for grading and paving 
under this charter.” 


BUILDINGS. 


such nuisance is imminent and requires instant action, the 
court shall order the Mayor either to have the nuisance 
abated by contract as before provided, or else to order 
the City Engineer to employ a sufficient number of hands, 
and with them to abate the nuisance at once, and the 
General Council shall afterwards provide means to pay 
the cost of the same out of the City treasury, and the 
Assistant City Attorney shall forthwith commence pro- 
ceedings to recover the cost thereof from the owners of 
the property. 

GEN- 


Bas" See City ATTORNEY — Courts oF Law — ENGINEER— FIRE 


ERAL CounciIL— Mayror— PuBLic Ways. 


3A city can not burden the property of a citizen with the cost of abating 
a nuisance, without a judicial hearing and judgment as to its existence, as the 
citizen is entitled to the opportunity to abate the nuisance at his own expense, 
even if the existence of the same be conceded.— Joyce v. Woods, Court of 
Appeals, Nov. 23, 1882, unreported. 


61 


ChE ACE HL eny eles 


BURIALS AND BURYING-PLACKS. 


CONTE NaS 


1. Burial permits. 
2. Sextons to keep the permits on 
file. 
Fine for violation of the law 
concerning permits. 
4. The City Cemeteries. 
5. Fine for injuring tombstones, 
ae monuments, inclosures, etc. 
. Fine for causing the digging of 
a grave within a prescribed district. 
7. Sextons of cemeteries and their 
oath of office. 
8. General duties. 
9. Weekly reports. 
0. Tariff of fees. 
11. Admission and behavior ot visi- 
tors to cemeteries. 
12. Fines for offenses. 
13. Sexton of the .Portland Ceme- 
tery. 
14. Compensation. 
162 he Siirst 
ottice. 
16. Monthly reports to the; Health 
irae 
Conveyance of lands by The 
City to the trustees of Cave Hill 
Cemetery. 
18. Fine for injuring tombstones, 
etc.,in Cave Hill Cemetery. 


incumbent of the 


19. Fine for violating the by-laws 
of Cave Hill Cemetery. 


20. Collected fines to go to the bene- 
fit of the Cemetery Company. 
21. Repealer of previous ordinances. 


22. The Cave Hill Cemetery Com- 
pany incorporated. 


23. The City’s right and power to 
convey lands to the ' Company. 


24. Managers. 

25. Duties of managers. 

26. Proceeds of sales of lots; 
applied. 

27. No street shall be extended 
through the Cemetery grounds. 


how 


28. Penal ordinances for the pro- 
tection of the Cemetery. 


29. Qualification of president or 
manager of the Cemetery. 


30. Lotholders shall elect four and 
The City five managers. 

31. The right and power of The 
City to donate and convey lands to 
the Company and the Company’s 
ability to acquire the same. 


32. All lands acquired by the Com- 
pany to be used for cemetery pur- 
poses, 


33. One tenth of the proceeds of 


sales of lots to be paid to the Cave 
Hill Investment Company. 


34. Payments to be instead of and 
in leu of payments formerly re- 
quired. 

35. The act to be accepted by the 
Council and by the lotholders. 

36. Restriction as to ownership of 
lots. 

37. Ownership by inheritance. 

388. The Cave Hill 
Company incorporated. 

39. Directors. 

40. Officers. 


Investment 


BURIALS AND BURYING-PLACES. 


41. Authority to receive certain 
funds, ete. 
42, Investments. 


43. Purposes for which funds and 
incomes are to be held and applied. 


48. Discontinuance and_ partition 
of the West Louisville Cemetery 
provided for. 


49, Procedure to be by suit in 
chancery. 


44, 


Semi-annual reports of direc- rn : Ay 
‘ } I 50. The lot owned by Mary Whip- 


sree Resieois ple to be excluded from the judg- 
rope Mae _ | ment. 
46. Penalty in the treasurer’s 
bond, 51. The exhumation and _ reinter- 
47. Modification of theoriginal act. | ment of bodies. 
1, Every undertaker or other person before removing 
any corpse for burial shall obtain a permit from the 


Heaith Officer to do so; and in order to obtain such per- 
mit he shall present his certificate to the Health Officer, 
setting forth the name, age, nativity, and residence of the 
deceased, and the nature of the disease or injury causing 
death as near as he can ascertain, or the name of the 
physician in attendance, if any. The Sextons of the 
different cemeteries shall require of all undertakers or 
other persons said permit, signed by the Health Officer, 
before permitting burial in the respective cemeteries 
under their charge. It shall be the duty of the Health 
Officer to grant said permit on presentation of said certifi- 
cate, and on his failure to do so the undertaker or other 
person may proceed to remove the corpse for burial with- 
out a permit. 


2. The sextons of the different cemeteries shall keep 
said permits carefully filed away, and open to the inspec- 
tion of the Board of Health at all times. 


3. All undertakers, sextons, or other persons failing to 


comply with the provisions of this ordinance shall be. 


subject to a fine of not less than twenty-five and not 
more than fifty dollars, and may be proceeded against in 
the City Court of Louisville as in like cases. This ordi- 
nance shall go into effect on the twentieth day after its 
publication. 


4. The Cave Hill Cemetery, the Oakland Cemetery, 
and the grave-yard on Jefferson, between Fifteenth and 


63 


Ordinance, 
approved. Sept. 
14, 1869. 


Ordinance, 
approved Oct. 
26, 1853. 


64 


BURIALS AND BURYING-PLACES, 


Ordinance, 


approved N ov. 


17, 1855. 


Sixteenth streets, are City cemeteries, appropriated for 
purposes of interment according to their respective plans 
and plats, and are to remain under their present regula- 
tions until changed. 


a. Any person who shall cut or otherwise injure or 
deface any tombstone, vault, monument, inclosure, tree, 
shrub, or ornament in’ either of said cemeteries, or in any 
other public grave-yard, whether belonging to The City 
or not, shall be fined twenty dollars, and the Sexton shall 
cause him to leave the cemetery or grave-yard, and prose- 
cute him for the offense. 


6. Any person who shall cause a grave to be dug or 


opened in the district bounded by Fourteenth, Kentucky, 


and Wenzel streets and the Ohio river, or cause the in- 
terment of a dead body within said limits (except of 
members of the family in private vaults) shall be fined 
fifty dollars. 


7. One sexton shall be elected for each cemetery, who, 
before acting, shall make oath that he will faithfully 
inter all bodies intrusted to him for that purpose, and 
will not knowingly permit any one to be disinterred with- 
out the consent of the friends of the deceased, and will 
be vigilant in detecting and exposing all persons engaged 
in such disinterments. 


8. He shall observe and obey carefully all the regula- 
tions of the cemetery of which he is sexton; shall dig 
eraves promptly as required, and none of a less depth 
than six feet; shall keep on hand a supply of, and fur- 
nish each grave with proper boards for covering the coffin; 
shall, without charge, open the gates of the cemetery for 
visitors, and shall keep the cemetery in good condition. 


9. He shall report weekly to the Mayor all interments 
in the cemetery of which he is sexton, with the names, 
color, nativity, residence, age, and disease of the person 
interred, when they can be ascertained, and shall report 
oftener or otherwise if required. 


BURIALS AND BURYING-PLACES. 


65 


Ordinance, 


10. The fees of sextons of cemeteries shall be as fol- 


lows: For digging a grave, furnishing boards, and com- 
pleting the burial of a person above ten years old, four 
dollars; under that age, two dollars; but The City shall 
be chargeable with only one dollar and fifty cents for 
persons above and one dollar for persons under ten years 
old, buried at the charge of The City. 


11. No person, except those owning lots, and their 
friends accompanying them, shall go inside any cemetery 
of The City except through the doors or gates made for 
that purpose; nor go there on the Sabbath day without a 
permit from the Mayor or Sexton; and no person shall 
lie down or sit upon the graves, walks, or grounds in any 
cemetery without permission of the sexton thereof, unless 
such person be in attendance upon a burial, nor partici- 
pate in any angry or political discussion, nor use profane 
language therein. 

12. Any person offending against this ordinance or any 
of the provisions thereof, shall, upon conviction, be fined 
not less than five nor more than fifty dollars, to be re- 
covered as other fines in the City Court. 


13. The office of Sexton of the Portland Cemetery 
is hereby created, [and the] term of office and time of 
election and duties shall be the same as [those of] the 
Sexton of the City Cemetery. 


14, The compensation of said Sexton shall be hereafter 
determined by the General Council. 


1.5 That the Sexton first elected under this ordinance 
shall be elected [and hold office] until the time shall 
arrive for the election of a Sexton for the City Cemetery. 


16. All sextons of cemeteries within the jurisdiction of 
The City of Louisville, Kentucky, shall report to the 
Health Office of said City, at the end of each and every 
month, the number of interments. Should any be in- 
terred without the proper burial permit, the name of 
the party buried and the name of the undertaker shall be 
reported. 


oO 


approved Sept. 
30, 1864. 


Ordinance, 
approved July 
6, 1869. 


Ordinance, 
approved June 
13, 1864. 


Ordinance, 
approved May 
4, 1868. 


66 


Ordinance, 
approved Mar. 
5, 1859. 


Ordinance, 
approved June 
15, 1868. 


An act to in- 
corporate the 
Cave Hill Cem- 
eteLy . Ap= 
proved Febru- 


ary 5, 1848. 


BURIALS AND BURYING-PLACES. 


17. His Honor the Mayor, is hereby. directed to 
cause the City Attorney to prepare a conveyance from 
The City -of Louisville to the trustees of the Cave Hill 
Cemetery, for the lands referred to in their petition, con- 
taining all the provisions and conditions set out in their 
memorial, with the conditions and reservations to The 
City of two and fifty-one one-hundredths acres in the 
northeast corner, for a Pesthouse, and six and six one- 
hundredths acres in the northwest. corner, bounded by 
the creek on one side and thee Cmetery grounds on the 
other, for the purpose of a stone quarry; also the grounds 
now occupied by the Workhouse; Provided, a lot, one 
hundred feet square, be reserved on the top of the hill on 
which the Pesthouse now stands, to be used as a burial- 
place for all City officers and firemen who may wish to 
avail themselves of the privilege; said lot not to be trans- 
ferable. 


18. Any person who shall unlawfully deface, cut, or 
otherwise injure any tombstone, monument, vault, in- 
closure, tree, shrub, flower, or ornament in Cave Hill 
Cemetery, or who shall, without right, disinter any body 
buried therein, shall be fined not less than two dollars 
nor more than five hundred dollars. 


19, Any person who shall violate any by-law, rule, or 
regulation presented by the trustees of the Cave Hill 
Cemetery Company, shall be fined not less than one nor 
more than five dollars. 


20. All fines imposed by virtue of this ordinance shall 
be for the benefit of the Cave Hill Cemetery Company. 


21. All ordinances relating to said Cemetery heretofore 
passed are repealed, but this repeal shall not affect prose- 
cutions for offenses heretofore committed. 


22. L. L. Shreve, G. W. Bayless, Jedediah Cobb, James 
C. Johnston, Wm. B. Belknap, and James Rudd, and 
their successors in office, be and they are hereby created 
a body politic and corporate in law, under the name and 
style of the Cave Hill Cemetery Company, and by that 


BURIALS AND BURYING-PLACES. 


name shall be able and capable in law to have and use a 
common seal, to sue and be sued, plead and be impleaded, 
to answer and defend in all courts and elsewhere as 
natural persons, and may ordain and put in execution 
such by-laws, rules, and regulations, for the government 
of said Company and the management of its affairs 
as they may deem proper, not contrary to the constitution 
or laws of this State or the United States. ! 


23. The City of Louisville shall have the right and 


1The by-laws and rules of the Cave Hill Cemetery Company, in force 
July 1,1884, are the following: 

Article I. Managers, their Tenure, etc—The board of m .nagers consists 
of nine members, who must be lotowners at the time of their election, and 
shall reside in The City of Louisville, and any manager ceasing to be a lot- 
owner, or removing from The City, shall thereby vacate his office. The 
members are elected to serve for three years in classes already established; 
one third of the entire number (or three managers) going out of office on 
the first day of June of each year. They are subject to re-election. Should 
any manager fail to attend three successive regular meetings of the board 
without good reason, on notice to such absenting member the board may 
declare his seat vacant and fill the vacancy. 

Art. IT, Election of Managers.—The annual election shall be held, after 
due notification in one or more City daily newspapers, at the office of the 
Company in Louisville, on the last Saturday in May, between the hours of 
9 A.M. and 12:30 p.m., when the three managers for the ensuing term of 
three years shall be elected, and any other vacancies, for any unexpired term 
that may have occurred, shall be filled by election. The election shall be by 
the lot owners voting in person,and shall be under the superintendence of the 
secretary, either in person or by deputy appointed by him, with approval of 
the president or vice-president, or of two managers. Should the secretary 
fail to give notice of the annual election, or if from any other reason it 
should be omitted, a special election shall be ordered by the president or 
vice-president, which shall be the annual election for the year in which it is 


held. 
Art. III. Respecting Meetings— The board of managers shall meet on 


the first Saturday of each month, and three managers shall constitute a 
quorum. No order of the board, except to adjourn, shall be valid, unless it 
has received the votes of at least three managers. The president or vice- 
president may call a special meeting of the board at his pleasure, and shall do so 
whenever requested in writing by two managers. No manager shall receive 
any salary, contract, or other emolument for services rendered by him 
while holding the office of manager, and no manager nor the superintendent, 
gate-keeper, nor any other paid servant of the Company shall have any 
interest whatever in any work or materials furnished for the Cemetery 
Company. 

Art. IV. Officers of the Board The officers of the board of managers 


67 


68 


BURIALS AND BURYING-PLACES. 


power, nine Councilmen concurring, to set apart, donate, 
and convey to the Cave Hill Cemetery Company any part 
of the Cave Hill Farm, not more than fifty acres, to be 
perpetually held and used for the purpose of a rural 
cemetery, and said Cave Hill Cemetery Company may take 
and hold any other land by devise or purchase, not ex- 
ceeding one hundred acres, and may take and hold, by 
gift or devise, money and personal estate, not exceeding 
one hundred thousand dollars in value. 


shall consist of a president, vice-president, and secretary, who shall also act 
as treasurer of the Company, all of whom shall be elected by the board at 
the first regular meeting after the annual election, and shall hold their 
offices for one year, or until their successors are duly chosen; and in case of 
failure to elect the officers at the time specified, the election shall take place at 
the next regular meeting of the board. At the same time the board shall 
elect a superintendent and gate-keeper for the Cemetery, who shall hold 
office during the pleasure of the board. 

Art. V. President and Vice-President— The president or vice-president 
shall preside at meetings of the board of managers; he shall fix the time 
and place for special meetings, and shall nominate all special committees. In 
ease of his absence his place shall be supplied by a temporary chairman. 

Art. VI. Secretary and Treasurer.—The secretary and treasurer shall 
give notice of, and attend, all meetings of the board of managers, and keep 
a record of the proceedings. He shall have charge of the delivery of tickets 
and of other publications. He shall prepare, countersign, and record in a 
book kept for the purpose, all certificates of ownership for lots in the Ceme- 
tery, and shall keep all plans and maps duly made of lots for the proprietors, 
and shall number and index the same. He shall give bond in the sum of 
dollars for the faithful performance of the duties of his office. 
He shall have custody of the funds of the Company, under the direction of 
the managers. He shall collect dues, and pay bills approved by the president 
or vice-president, or by the chairman of any committee duly authorized to 
make an expenditure. He shall preserve and file all papers relating to his 
official duties; shall keep the necessary books, showing the receipt and 
disbursement of all funds passing through his hands, and render, at every 
regular meeting of the board, a statement, showing balance of funds on 
hand, and, at the first regular meeting after the annual election, the receipts 
and disbursements of the past year, and the existing state of the funds and 
of the property of the Cemetery Company up to that time. 

Art. VII. Regular Committees—There shall be appointed by the board 
of managers, at the first regular meeting after the annual election, the fol- 
lowing committees, to serve for the ensuing year: A committee of accounts, 
consisting of the president, or vice-president, and two other members of the 
board. The duty of this committee shall be to examine the accounts of the 
secretary and treasurer and to audit the same. A committee on grounds, 
consisting of four members, whose, duty it shall be to report for the action 


BURIALS AND BURYING-PLACES. 


24. Said corporators may hold the office of managers 
until the first day of June, 1850, and until their succes- 
sors are appointed, as provided for in this act, during 
which period they shall. divide themselves into three 
equal classes. The first class shall go out of office on the 
first day of June, 1850, the second on the first day of 
June, 1851, and the third class on the first day of June, 
1852, and thereafter one-third of the entire board shall 
go out of office every year, subject to re-election, and the 


of the board such improvements (in the way of laying off, planting, etc., of 
the grounds) as may be deemed necessary, together with the plans and esti- 
mated cost of the same. 

Art. VIII. Funds of the Company.—The funds of the Company shall 
be deposited in its name in bank, to be withdrawn only on the cheque of the 
president or vice-president, countersigned by the treasurer. 

Art. IX. Certificate of the Ownership of Lots.—Certificates of the own- 
ership of lots will be issued in the first instance without charge. For every 
subsequent transfer or subdivision one dollar will be charged for each new 
certificate. 

Art. X. Gate-Keeper.—The gate-keeper shall open the gate every day at 
sunrise, and he shall close it, excepting for egress, at sunset, and enforce the 
rules respecting admittance. A bell shall be rung every day at sunset as a 
warning to visitors to leave the Cemetery, and thirty minutes thereafter the 
gates will be closed. 

Art. XI. Superintendent.— (1) The superintendent shall. reside at or 
near the Cemetery. (2) He shall have the general direction and control, 
under the board of managers, of the improvement of the Cemetery. (38) He 
shall lay out all lots in the Cemetery, and shall preserve a record thereof, so 
that the same may be known and easily found should the boundaries become 
obliterated or changed. (4) He shall see that the regulations of the board 
of managers with respect to interments, disinterments, the construction of 
tombs, and the improvement of lots by the holders thereof, be properly 
observed. (5) He shall have charge and keep an account of the property, 
tools, and implements of the Cemetery Company which may be on the premi- 
ses, and shall render to the secretary an inventory and appraised value of the 
same, to be incorporated in the secretary’s annual report. (6) He shall 
furnish, when required, estimates of the probable expenditures of the coming 
week or month, and shall, at the end of every week, certify to the secretary 
the number of hands employed, the amount due, and the work in which they 
have been engaged, and its condition. (7) He shall keep the record, which 
shall contain an account of all the interments that take place in the Cemetery, 
in the form determined on by the board. (8) No interment shall take place 
in the Cemetery without a permit from the secretary. This permit shall be 
handed to the superintendent, who is required to cause the grave to be pre- 
pared, but who will not be responsible for its preparation by the time 
appointed, unless he shall have six hours of (daylight) previous notice thereof. ° 


69 


710 


BURIALS AND BU RYING-PLAO ES. 


Mayor and Council of Louisville, a majority of all the 
Councilmen elect concurring, shall fill ali vacancies which 
may occur from lapse of time,death, resignation, removal 
from The City, or from other cause, and all vacancies 
shall be certified to the Mayor and Council by the remain- 
ing managers. A removal from The City, or a refusal to 
act, shall be deemed a resignation of said office. 

20. It shall be the duty of said managers to elect a 
president from their own body, who shall, as such, execute 


(9) It shall be the duty of the superintendent to take charge of the keys of 
the receiving tomb, under such directions as to the use of it as shall be here- 
after made. (10) He shall have power to remove from the Cemetery improper 
and disorderly persons; also, to abate nuisances, remove stray animals, rub- 
bish, and unnecessary incumbrances. (11) As agent for the managers, he 
shall have sole power to employ or discharge workmen for the Cemetery, to 
order and arrange their respective duties, and to pay their wages, as the board 
may direct. (12) The board of managers have adopted rules for the govern- 
ment and police of the Cemetery, and may from time to time adopt more. 
These it will be the duty of the superintendent to see properly enforced, and 
to attend generally to the instructions of the board in reference to the affairs 
of the Cemetery. (18) Inasmuch as it is desired that the lotholders shail 
have every facility afforded them in the care of their lots, it is enjoined on 
the superintendent, in his intercourse with them, to consult their wishes in 
this respect, as far as he can do so consistently with his other duties. (14) 
No person in the employment of the company shall be permitted to receive 
any perquisite for any matter connected with the Cemetery, or his duties 
therein, his salary being considered in full payment therefor. A fire-proof 
safe is provided by the Cemetery Company for the safe keeping of the records 
of the superintendent, and of the keys of the receiving tomb. 

Art. XII. Change in the By-Laws.—These by-laws may be enlarged, 
altered, amended, or repealed at any regular meeting of the board; Provided, 
that a majority of the whole board shall concur in the proposed proceeding. 

Rules Concerning Interments and Disinterments.—I. The superintendent 
resides with his family near the Cemetery, and will see that suitable persons 
are in attendance at every interment. 

II. In each application for burial a statement must be furnished of the 
name, place of nativity, residence, age, occupation, disease, and also whether 
married or unmarried, of the person to be interred, which being signed by 
the applicant, the secretary will then issue an order for interment. 

III. No interment will be permitted in the Cemetery, or body deposited 
in the receiving tomb, without the order of the secretary above referred to, 
which must in all cases be accompanied by the proper burial certificate issued 
in accordance with the municipal regulations. This rule is imperative. 

IV. Notice must then be given to the superintendent at the Cemetery, 
previous to the interment, in time to afford at least six hours’ daylight for 
preparing the grave. 


BURIALS AND BURYING-PLACES. 


71 


all contracts and obligations in the name of the Cave 
Hill Cemetery Company, according to the order of the 
board of managers, and said board of managers, and 
their successors in office, shall have power and authority 
to lay out and improve the grounds held by said corpora- 
tion, to erect all necessary buildings, to employ agents 
and laborers, to lay off and dispose of burial lots by sale 
and conveyance, upon such terms as they shall consider 
proper. It shall be the duty of the said board of managers 


V. All interments will be subject to the following charges, which in all 
cases must be paid at the office of the Cemetery Company before the interment. 
Charges for interments in private lots: Opening, closing, and sodding each 
adult’s grave, five dollars; opening, closing, and sodding each child’s grave, 
four dollars; opening vaults under ground, and closing and sodding, five 
dollars; opening tomb, or above-ground vault, three dollars. Charges for 
interments in public lots: For each adult, ten dollars; for each child, five 
dollars. No: monuments can be allowed in these public lots, excepting 
head-stones not exceeding eighteen inches in height or more than two feet 
in width for adults, and eighteen inches for children. The usual depth of 
graves is six feet; when a greater depth is required an increased charge will 
be made. 

VI. A receiving tomb is provided at the Cemetery for the accommodation 
of those who intend to purchase lots, or who wish to delay burial of friends 
for: any good reason. (1) All interments in this tomb, and also in all 
private vaults must be in strong, hermetically-sealed cases, and no removals 
will be made therefrom on Sunday, without a special order from the secretary. 
(2) Whenever a body is to be deposited therein a permit must first be 
obtained from the secretary, and the following charges paid: For each adult, 
sixteen dollars; if removed within one month, eleven dollars will be returned; 
if removed within two months, ten dollars will be returned. For each 
child under twelve years of age, eleven dollars; if removed within one 
month, six dollars will be returned; if removed within two months, 
five dollars will be returned. (3) If the body shall not be removed 
before the expiration of two months the Company will thereafter inter in 
single grave without further cost, but in special cases the time may be 
extended, upon written application to, and approval by the managers, and 
upon making a deposit with the secretary of two dollars for each month of 
the extended time. (4) Where the removals are for interment in the Cemetery 
within the two months the usual charge for opening, closing, and sodding 
each grave will be made in addition. (5) The remains of any person who 
died of a contagious disease will not be admitted to this tomb or to any 
private vault. 

VII. The superintendent, or his assistant, must be present at every 
interment, and to him will belong the duty of opening, closing, and sodding 
the grave. 

VIII. Notice to the superintendent of an interment must be accompanied 


72 


BURIALS AND BURYING-PLACES,. 


to elect a treasurer and secretary, who shall execute 
bond for the performance of the duties required of them, 
with such security and penalty as the board of managers 
shall require by their by-laws, and they shall cause a 
record of their proceedings to be kept; also an account 
of the receipts and expenditures of said corporation, and 
shall, on the first Monday in June in each year, report a 
general statement of said accounts to the Mayor and 
Council of The City of Louisville, with a list of lots sold, 


by directions as to the lot, and particular spot in the lot, where the grave is to 
be opened. All monuments, tablets, head- and foot-stones must be put up 
under the supervision of the superintendent, in order to secure the work on 
a firm foundation and prevent the unsightly condition attendant on bad 
work. 

IX. No disinterment will be permitted without the consent of the Com- 
pany first being obtained, and during the months of May, June, July, 
August, September, and October nobody will be disinterred within three 
years after decease, but from first of November to first of May disinterments 
may be made at any time after death at the discretion of the superintendent. 
The usual charges for disinterments shall be the same as for interments. 

X. In cases of disinterment from single graves, no allowance shall be 
made for the grave vacated, but a relinquishment to the Cemetery Company 
of ownership in said grave shall be required before an order issues for the 
disinterment. 

XI. When single graves, described in the foregoing rule, are vacated by 
disinterment, with a view of reinterring in a new purchase of a higher 
priced lot or grave, the price originally paid for such grave shall be allowed 
in part payment of the new purchase. The usual charge for disinterring 
and reinterring to be made in both cases. 

XII. Not more than two interments, except at the discretion of the 
Company, shall be made in the same grave, whether in a private or public 
lot, and the later interment shall be at least three feet under ground. 

XIII. The owner of any lot in the Cemetery, which has been used for 
interment and the bodies afterward removed by consent of the Company, 
may, after two years from the date of such removal, sell and convey said 
lot as though the same had not been used. Should said owner, however, buy 
a more valuable lot in the Cemetery, the bodies may be removed thereto 
from the old lot, in accordance with the regulations, and the old lot may be 
taken in part exchange if so agreed by the Cemetery Company, or may be 
at any time thereafter transferred by the said owner to any person under the 
usual regulations. 

Rules Respecting Visitors.—I. Tickets of admission to the Cemetery, under 
the regulations as stated herein, will be issued by the secretary, on applica- 
tion at the office of the Company, of the following classes, which tickets will 
admit the holder either on foot, horseback, or with vehicle: (1) Permanent 
tickets to the owners of lots or single graves; which tickets will admit 


BURIALS AND BURYING-PLACES. 


to whom, and at what price, and they shall have power 
and authority to make such by-laws, rules, and regula- 
tions, in relation to the duties, management, and ap- 
pointment of officers and agents, and their pay, and to 
make all other necessary rules and regulations, from 
time to time, for the government of lotholders and 
visitors of said Cemetery. 


26. The proceeds of sales of lots in the Cave Hill 
Cemetery shall be applied to pay the costs and expenses 


— 


them and the members of their families, or friends accompanying them, 
during the week, including Sunday. (2) Special tickets to strangers, which 
will admit them on Sunday. (8) Special tickets to transient visitors, which 
will admit them any day during the week except Sunday. The special 
tickets of second and third class will be taken up by the gate-keeper. 

Il. Children will not be admitted unless with their parents, or with 
persons having them specially in charge. Colored persons, when admitted, 
must be accompanied by a lotholder, or some member of the family of the 
lotholder, or may be admitted by the written permit of a manager, which 
must be left with the gate-keeper, and filed by him. 

III. Schools, and other large assemblages of persons, will not be admitted, 
except when attending funerals. 

LV. No rapid riding or driving will be permitted, and all riding or driving 
on the grass is strictly prohibited. 

V. No refreshments nor liquors of any kind will be allowed within the 
.Cemetery. 

VI. No smoking will be allowed, and no persons with fire-arms or dogs 
will be admitted. 

VII. No horse may be left in the grounds unfastened. 

VIII. All persons are prohibited from plucking any flowers, either wild 
or cultivated, or breaking any tree, shrub, or plant; nor shall any person be 
permitted to take up and remove from the Cemetery any plants, flowers, or 
shrubbery without the consent of the superintendent. 

-IX. All persons are prohibited from writing upon, defacing, or injuring 
any monument, fence, or other structure in or belonging to the Cemetery. 

X. Any person disturbing the quiet and good order of the place by noise 
or other improper conduct, or who shall violate any of the foregoing rules, 
will be compelled instantly to leave the grounds. 

XI. The gates are opened for entrance at sunrise, and are closed (except 
for egress) at sunset. At sunset a bell shall be rung as a warning for visitors 
to leave the Cemetery, and thirty minutes thereafter the gates shall be closed 
and locked. 

XII. The superintendent, gate-keeper, and all persons acting under them, 
shall have full authority to carry these regulations into effect, and shall give 
notice of any violations thereof to the managers. 

XIII. No money shall be paid to the gate-keeper or to any other person 


73 


BURIALS. AND BURYING-PLACES. 


of improving and decorating said Cemetery, to the pay- 
ment of officers and services rendered, and to refund to 
The City of Louisville moneys advanced for the improve- 
ment of the grounds, and the surplus arising from the 
sale of lots shall, from time to time, when not appro- 
priated as above, be paid into the City treasury, and the 
Treasurer’s receipt taken therefor, which fund thus paid 
into the City treasury shall be a permanent fund, on 
which The City shall pay to the Cave Hill Cemetery 


in the employ of the Cemetery Company in reward for any personal services 
or attentions. 

XIV. No omnibus shall be allowed to enter the Cemetery grounds. 

[ Visitors are reminded that these grounds are sacredly devoted to the inter- 
ment and repose of the dead, and that a strict observance of the decorum due 
to such a place will be required of all. The superintendent or gate-keeper is 
authorized and directed to remove all who violate these ordinances or com- 
mit trespasses. Trespassers are also liable to criminal prosecution and fine. 
The provisions of the law will be enforced in all cases of wanton injury. ] 

Rules Respecting Lots and Lotowners.—I1. This Cemetery is set apart for 
the burial of the white race exclusively. 

II. To insure the proper regulation of the grounds, the grade of all lots 
will be determined by the Cemetery Company. 

III. All workmen employed in the construction of vaults, curbing of lots, 
erection of monuments, efc., must be subject to the control and direction of 
the superintendent, and any workman failing to conform to this regulation 
will not be permitted afterward to work in the grounds. 

IV. To protect the grounds, and especially improved lots, from injury, all 
excavations for vaults and monuments will be made by the Cemetery Com- 
pany, at the expense of the owners. 

V. Persons who make improvements upon their lots after they are graded 
will be charged the cost of putting them again in order. 

VI. Foundations for monuments must be built of solid masonry, to the 
satisfaction of the superintendent, to whom due notice must be given. 

VII. No inclosure, consisting of wall or fence around any lot, shall be 
erected, except by special permission of the Company, previously obtained. 

VIII. Wooden enclosures and lettered boards designating graves will not 
be allowed. 

TX. No slabs will be allowed unless placed in a horizontal position, and 
no head- or foot-stones will be permitted unless four inches thick. 

X. No vault shall be erected wholly or in part above ground without per- 
mission of the Company; and all such must be furnished with shelves, having 
divisions allowing interments to be separately made, and perpetually sealed. 
Such portions as are above ground must be faced with cut quarry-stone, granite, 
or marble. 

XI. The managers have no wish to interfere with the taste of individuals 
in regard to the style of their improvement; but yet, in justice to the interests 


BURIALS AND BURYING-PLACES. 


Company, an interest semi-annually, not exceeding six per 
cent. per annum, to be applied alone to the repair, pres- 
ervation, and protection of the Cave Hill Cemetery and 
its appurtenances; and if the keeping in repair, preserva- 
tion, and protection of said Cemetery, works, and build- 
ings, and improvements, shall not require a sum equal to 
said six per cent. interest, The City shall be bound to 
pay only such per cent. as will be sufficient to meet the 
costs of the same. 


of the whole, they reserve to themselves the right of preventing or removing 
any erection or inclosure which they shall consider injurious to the immediate 
locality, or predjudicial to the general good appearance of the grounds, and 
also of removing or pruning any trees or shrubbery which may obstruct or 
mar the effect and beauty of the scenery, or may otherwise prove injurious, 
unsightly, or detrimental. 

XII. All lots sold are graded and prepared by the Cemetery Company, 
and any additional improvement or change will be at the cost of the owner, 
and at moderate charges. 

XIII. The lotowners may erect any proper stones, monuments, or se- 
pulchral statuary thereon, and cultivate flowers, shrubs, and plants in the 
same, but no tree growing within the lot or border shall be cut down or 
removed without the consent of the superintendent. Neither litter nor trash 
shall be left on the lots or thrown on the avenues. 

XIV. All earth or rubbish accumulated by proprietors of lots or their 
workmen must be carefully removed as soon as possible, and deposited where 
the superintendent may direct. 

XV. Lots, when graded and in grass, will be mowed, and ordinary care 
taken of them, free of expense. 

XVI. Proprietors shall not allow interments to be made in their lots for 
a remuneration, nor shall any transfer, nor any assignment of any lot, or of 
any interest therein, be valid without the consent in writing of the Company, 
to be indorsed on the transfer-or assignment. 

XVII. No lot shall be used for any other purpose than as a place ot 
burial for the dead. 

XVIII. If any trees or shrubs situated in any lot shall, by means of their 


roots, branches, or otherwise, become detrimental to the adjacent lots or - 
oe 


avenues, or unsightly, or inconvenient to passengers, it shall be the duty of 
the managers, and they shall have the right, to enter the said lot and remove 
the said trees or shrubs, or any parts thereot. 

XIX. Whenever, in the opinion of the superintendent, it shall be proper 
to remove shrubs or trees from any lot, notice shall be given to the lotowner, 
and, unless the consent of the lotowner to such removal shall be obtained, 
then the matter shall be referred to the president, who shall decide on the 
propriety of said removal. The notice above required shall be given per- 
sonally, if convenient; otherwise, by letter through the post-office, if the 
address is known. 


v6) 


76 


An act to 
amend the 
eharter of the 
Cave Hill Cem- 
etery. 2A0p= 
proved Feb. 17, 
1851. 


BURIALS AND BURYING-PLACES. 


27. After laying out said lots and adopting a plan of 
said Cemetery no road or street shall be opened or ex- 
tended through the same, or any part thereof. 


28. The Mayor and Council are hereby vested with 
full power, and are required, to pass all necessary ordi- 
nances, with adequate penalties, to protect said Cemetery, 
and everything pertaining thereto, from injury or damage, 
and said Cave Hill Cemetery Company shall have the right 
of action and recovery against any person or persons who 
shall in anywise injure any of the improvements, grounds, 
buildings, shrubbery, trees, and walks, within the bound- 
ary of said lands, laid out and conveyed to said Cave Hill 
Cemetery Company, and the recovery, in the name of The 
City, under any ordinance, shall not be a bar to a recovery 
by said corporation. 


29. The act incorporating the Cave Hill Cemetery, near 
The City of Louisville, is hereby so amended as that it 
shall be the duty of the president and managers thereof, 
when making their annual report to the Mayor and Coun- 
cil of said City, to present a list of the lotholders in said 
Cemetery, and no person shall be elected a president or 
manager of said Cemetery who does not own three hun- 
dred feet of ground, or upwards, in said Cemetery. 


30. The charter is further amended so as that hereafter 
the lotholders in said Cemetery shall have the right to 
elect four and The City of Louisville five managers of said 
Cemetery. 


XX. A committee shall, with the superintendent of the Cemefery, have 
charge of the improvements of all those portions of the Cemetery that are 
reserved from sale as burial lots, for such ornamentation as may be deemed 
useful to the beautifying of Cave Hill. 


XXI. The managers shall have power to refuse to sell lots in this Cemetery 
to persons of notoriously bad character. Such persons shall not be capable of 
becoming lotholders, nor shall any such person be interred in these grounds. 
In case of the sale of a lot to any such character, whose condition may not 
be known at the time of the sale, said sale may be canceled at the option of 
the managers. 


BURIALS AND BURYING-PLACES. 


77 


31. The City of Louisville shall have the right and 
power to donate and convey to said corporation any num- 
ber of acres of land, not exceeding three hundred, adjoin- 
ing the lands now owned by said Company; and the said 
corporation may acquire by gift, devise, or purchase, any 
number of acres of land, not exceeding three hundred. 


32. But all lands acquired by said corporation shall be 


perpetually held and used for the purpose of a rural 


cemetery. 


33. The Cave Hill Cemetery Company shall from and 
after July 1, 1882, pay to the Cave Hill Investment Com- 
pany one tenth of the proceeds of the sale of all lots 
thereafter sold by said Company, and said payment shall 
continue until the fund belonging to said Investment 
Company shall amount to two hundred thousand dollars. 


34, These payments shall be instead of the payments 
required by the fifth Section of the act to which this act 
is an amendment, and instead of the payments required 
by the contract entered into between The City of Louis- 
ville and Cave Hill Cemetery Company on the twenty- 
fourth of March, 1859, and shall be in lieu of all payments 
due under said contract and Section. 

39. This act shall take effect from its passage; but it 
must be accepted by the General Council of The City of 
Louisville and by a majority of the votes cast by lot- 
owners voting at an annual election held for the election 
of a director or directors of the Company. 


36. The lotowners in Cave Hill Cemetery shall not 
sell the privilege of buying in their lots without the pre- 
vious written consent of the board of managers of the 
Company. But they may by last will and testament, or 
by writing directed to said Company, signed by such 
owners and attested by two witnesses, determine who 
shall control the right of burial in their lots after their 
deaths, and such directons may be placed in or on the 
certificate of ownership of the lot. 


37. In the event that no such direction is made by last 
will and testament, or by writing, as hereinbefore provided, 


An act to 
amend an act 
entitled An act 
to incorporate 
the Cave Hill 
Cemetery 
Company. Ap- 
proved Mar. 9, 
1854. 


An act to 
amend an act 
entitled An act 
toamendthe 
charter of the 
Cave Hill Cem- 
etery, approved 
Feb. 9,1864. 
Approved Feb. 
11, 1882. 


An act to in- 
corporate the 
Cave Hill In- 
vestment Com- 
pany. Ap- 
proved Feb. ON 
1882. 


BURIALS AND BURYING-PLACES. 


the right of burial in any of the lots of said Cemetery 
shall go and descend to the lineal descendants of the 
original owner thereof, and the husbands and wives of 
said descendants in the order of their deaths, should 
application for such burial be made to said Company; 
Provided, however, that any of said descendants may 
release the right of burial for himself and all persons 
descended from him, and their husbands and wives, by 
writing filed in the office of said Company and attested 
by the president and secretary thereof, and in case there 
shall be no lineal descendants of said original owner 
his heirs-at-law, in the order of their deaths and applica- 
tion therefor, shall have the right of burial in said lot 
and the determination and decision as to any and all such 
rights of burial provided for in this Section, and the order 
therefor by said board of managers by the president and 
secretary thereof, shall be final and conclusive thereon. 


38. There is hereby incorporated the Cave Hill Invest- 
ment Company, who shall, when organized as hereinafter 
directed, have full authority to contract and be contracted 
with, sue and be sued, and have such authority and 
power as a natural person would have, in executing and 
carrying out the object of its incorporation. 


39. There shall be five directors of said Company, who 
shall have the control and management of its affairs. 
These directors shall be lotowners in Cave Hill Ceme- 
tery. The president of the Cave Hill Cemetery Company 
shall be one of said directors, and the other four directors 
shall be elected by the board of managers of the Cave Hill 
Cemetery Company. The said managers shall, at one of 
their regular meetings in the year 1882, elect four directors; 
these directors shall be elected for the term of two, four, 
six, and eight years respectively, and the board of mana- 
gers shall at the time of the election designate the term 
and time for which each director is elected. The said 
board of managers of Cave Hill Cemetery Company shall, 


-every second year thereafter, elect one director in this 


said Company. The term of the directors elected after 


BURIALS AND BURYING-PLACES. 


the first election shall be eight years, and each director 
shall continue in office until his successor is elected. If 


a vacancy shall occur, by death or otherwise, during - 


the term of any director, the vacancy shall be filled by 
the other directors of this Company. 


40. The directors of the Company shall elect one of 
their number president of the board, and shall elect a 
treasurer and a secretary, who may be the same person, 
and need not be a director. The board of directors shall 
prescribe the duties of the officers of the Company, and 
shall require of the treasurer a bond with good security, 
in the penalty of at least twenty thousand dollars. ? 


41. This Company is authorized to collect and receive 
from Cave Hill Cemetery Company any and all sums 
which may be coming from the Cave Hill Cemetery Com- 
pany and any other corporation or person. It is author- 
ized to receive donations, gifts, devises, and bequests 
upon such terms as may be consistent with the object of 
its incorporation. 


42. It shall be the duty of the president and directors 
of this Company to invest and keep invested all the 
money belonging to the Company in the bonds of the 
United States, the bonds of the State of Kentucky, or the 
bonds of The City of Louisville; but they may invest in 
other good and safe securities if the president and all the 
directors of said Company shall consent thereto in writing 
before said investment is made, and if a majority of the 
managers of the Cave Hill Cemetery Company also con- 
sent in writing before said investment is made. These 
consents shall be recorded in the record-book of each 
board respectively, and if any other investment is made 
except as herein provided, the directors making or con- 
senting to the same shall be personally lable for any loss 
arising from such investment. 


43. The money and property of this Company shall be 


2See the succeeding amendment, Section 46, 


BURIALS AND BURYING-PLACES. 


a sacred fund, which shall be held and appled for the pro- 
tection, preservation, and ornamentation of the grounds 
of Cave Hill Cemetery. All of the income arising from 
the property of the Company after paying the necessary 
expenses of the Company shall be invested. and reinvested 
as provided in Section 5,2 and no part of the principal or 
the income arising from the funds and property of the 
Company shall be used for any purpose whatever except 
for necessary expenses of the Company, until eight tenths 
of the burial-lots which are or may be laid off in the 
ground now owned by the Cave Hill Cemetery Company 
are sold, or until said investment fund shall be at its par 
value worth two hundred thousand dolars. After said 
lots are sold, or after the par value of said fund is two hun- 
dred thousand dollars, the board of directors of the Com- 
pany shall devote such part of the net income arising from 
the funds and property of the Company as may remain 
after the payment of the necessary expenses of the Com- 
pany, toward the protection, preservation, and ornamenta- 
tion of the grounds of the Cave Hill Cemetery Company; 
but no part of the principal fund shall ever be used. The 
income which is thus devoted shall not be used by the 
board of directors of this Company, but be paid over to 
the managers of Cave Hill Cemetery Company, to be used 
and applied to the protection, preservation, and orna- 
mentation of said grounds, provided that nothing in this 
Section shall prevent this Company from securing gifts, 
donations, bequests, and devises, and using the same as 
directed by the donors. 


44, The board of directors shall in the months of Janu- 
ary and July of each year make a true and full report 
of the condition of its affairs, and within thirty days 
thereafter send a copy thereof to the board of managers 
of Cave Hill Cemetery Company. The board of mana- 
gers of Cave Hill Cemetery Company shall have the 
right at all times to examine into the condition of this 


8Section 42, immediately preceding. 


BURIALS AND BURYING-PLACES. 


81 


Company, and for that purpose shall have full and free 
access to the books and papers of the Company. 


45. The president and directors shall have authority 
to make any by-laws not inconsistent with this act or the 
laws of the State. 


46. The board of directors of said Company shall fix 
the penalty of the treasurer’s bond, and may require a new 
bond of its treasurer as often as necessary, and fix the 
penalty thereof; Provided, the penalty of the treasurer’s 
bond shall not exceed thirty thousand dollars. 


47. So much of the original act as fixed the penalty of 
the treasurer’s bond is repealed, and this act shall take 
effect from its passage. 


48. Whereas, it has been represented to this General 
Assembly that the use of the grounds of the West Louis- 
ville Cemetery, a corporation chartered by act of the 
General Assembly, has long been discontinued for burial 
purposes, and the rights of lotholders purchased in by 
the orphan asylums, who are devisees of Cromie, one of 
the original corporators and grantors; and whereas, it is 
further represented that the bodies heretofore interred in 
said Cemetery grounds have been removed to other ceme- 
teries with the exception of those interred in a single lot, 
which lot has been, by decree of the Louisville Chancery 
Court, set apart, with an avenue of ingress and egress to 
the owner thereof by inclosure, as appears in the record 
of the suit filed by the said lotowners; and whereas, the 
‘said Cemetery property is situate within the City limits 
of Louisville, and it is desirable that the same be par- 
titioned among those entitled; now, therefore, it shall be 
lawful for the lotowners, or assignees of lots or certifi- 
cates therefor, in the West Louisville Cemetery Company, 
or any one or more of them, to file a petition in the Louis- 
ville Chancery Court for the discontinuance of the West 
Louisville Cemetery Company, and for a partition of the 
lands thereof among the persons or corporations entitled 
thereto. 


6 


An act to 
amend an act 
entitled An act 
to incorporate 
the Cave Hill 
GC ein et ory 
Company, ap- 
proved Feb. 11, 
1882. Approv- 
ed Feb. 20,1884. 


An act for 
the benefit of 
the owners of 
the grounds of 
the West Louis- 
ville Ceme- 
tery. <Ap- 
proved April 
2, 1880. 


82 


BURIALS AND BURYING-PLACES. 


49. To such petition other persons or corporations 
claiming interest or title shall be made parties, plaintiffs 
or defendants, and upon trial of the same the court may 
adjudge discontinuance of the Cemetery and partition of 
the lands according to the rights of the parties. 


90. But the court shall, in any decree of partition, 
exclude from the judgment the lot owned by Mary 
Whipple, and the avenue of ingress and egress set apart 
and adjudged to her in her suit number 33,379, in the 
Louisville Chancery Court, and her rights, as defined by 
said decree, shall not be affected by any judgment ren- 
dered under this act. 


51. If it appear to the court, in the progress of any trial 
had in accordance with this act, that any bodies interred 
in the lands sought to be partitioned have not been re- 
moved and reinterred in other cemeteries, the court may 
provide, in its judgement, for the decent exhumation and 
reinterment of such bodies. 


Bes See GENERAL CouNCcIL— HEALTH — PUBLIC WAYs. 


Oia beVest ys ah DS 


CANALS. 


GON TEN ES 3 


1. The Louisville Water-Power 5. Directors; election, term, etc. 
and Canal Company incorporated ; 6. Officers. 
corporate powers. 


. , 7. Tolls and rents. 
2. Authority to make a canal; lo- ; 


cation and purposes of the same. 8. Right to make use of natural ' 
oS 


3. Authority to acquire and hold | Water-courses, and cross highways 
lands; the power to condemn by | When necessary. 


writ of ad quod. 9, An exclusive franchise granted 


4, Capital stock. Organization. on condition. 


1. E. D. Standiford, Coleman Rogers, Isaac Caldwell, 
Charles M. Thruston, Walter N. Haldeman, J. Proctor 
Knott, James A. McKenzie, and 8. Taylor Suit, their 
associates and successors, are hereby created a corpora- 
tion, with perpetual succession, by the name of the 
Louisville Water-Power and Canal Company, and by said 
name may contract and be contracted with, sue and be 
sued, acquire, hold, and dispose of property, make rules 
and by-laws for the government of its officers, agents, and 
employes, and for the management of its affairs, and by 
said name are authorized to do whatever may be done by 
a natural person, not inconsistent with the constitution 
and laws of the State of Kentucky, and the constitution 
and laws of the United States. 


2. Said corporation is hereby authorized to make a canal 
from some point on the Ohio river, above the falls thereof, 
to some point on said river below the falls thereof, with 
the necessary branches, locks and dams, basins, reservoirs, 


An act to in- 
corporate the 
Louisville 
Water - Power 
and, Canal 
Company. Ap- 
proved April 
15, 1882. 


CANALS. 


etc., for the purpose of conducting a sufficient quantity 
of the water of said river around or through The City of 
Louisville, on the Kentucky side, to float steamboats, coal- 
boats, and all kinds of watercraft and articles around 
the falls of said river, and for the further purpose of 
supplying motive power to machinery, manufactories, 
and the arts, along and near said canal, and at and near 
its termini. 


3. Said corporation is hereby authorized to acquire and 
hold, in fee-simple or otherwise, a sufficient quantity of 
land for said canal and its branches, locks, dams, basins, 
conduits, and reservoirs, and for such shops, offices, ware- 
houses, wharves, bridges, roads, e¢fc., as may be used by 
said corporation or its agents or employes in the conduct- 
ing of its business; and when the owner or claimant of 
any land necessary to said corporation can not agree with 
said corporation as to the price to be paid therefor, then 
the same may be condemned under the power of the State 
to acquire private property for public use, on compensation 
being made therefor, such taking or condemnation to be 
by writ of ad quod damnwm sued out from the Jefferson 
County Court, which court shall have jurisdiction to try 
the same by the intervention of a jury, and from the ver- 
dict and judgment of which an appeal shall lie to the 
Court of Appeals of Kentucky. As far as practicable, 
the proceedings upon said writ in said court shall conform 
to the provisions for the writ of ad guod damnum in the 
one hundred and tenth Chapter of the General Statutes 
of Kentucky. 


4. The capital stock of said corporation shall be six 
million doHars, divided into sixty thousand shares of one 
hundred dollars each. When one sixth of said stock is 
subseribed the incorporators herein named, or one or more 
of them, shall call the stockholders together at some suit- 
able place in The City of Louisville, by notice published 
at least ten days before said meeting, in one or more of 
the daily papers of said City, for the purpose of organiz- 
ing and of electing directors as herein provided. At said 


a 


CANALS. 


meeting, and at all meetings of the stockholders, each 
share of stock shall entitle the holder to one vote upon 
all questions to be voted upon by stockholders. Said 
incorporators may designate and appoint one or more of 
their number to receive said subscriptions. 

5. The affairs of said corporation shall be managed and 
conducted by seven directors, four of whom shall consti- 
tute a quorum for the transaction of business. Said 
directors shall be annually elected by the stockholders, 
and each one of them shall be a stockholder. After the 
first election, under the call of the-corporators, the direc- 
tors shall be elected by the stockholders at their annual 
meeting, to begin on the first Monday in May of each 
year, and the directors so elected shall hold office for one 
year and until their successors are chosen. 


6. The officers of said corporation shall be a president, 
vice-president, secretary, treasurer, and engineer, the 
duties and responsibilities of each of whom shall be pre- 
scribed and regulated by by-laws. Each of said officers 
shall receive such compensation for his services as may 
from time to time be fixed by resolution of the said 
directors, and such bond and security may be required 
of each of said officers by the directors as in their judg- 
ment may insure the faithful discharge of duty and the 
safety of the money and the property of said corporation. 


7. Said corporation is hereby authorized to charge the 
same tolls for the passage of boats, watercraft, and 
articles through said canal, that the Louisville and Port- 
land Canal was authorized to charge in its charter adopted 
by the Kentucky legislature, January 12, 1825, and said 
corporation is hereby further authorized to charge such 
a reasonable rent and compensation for the use of water 
in moving machinery in manufacturing, and in the 
mechanical and industrial arts, and for wharfage, storage, 
dockage, efc., as may be agreed upon between said cor- 
poration and the parties making use of said water and 
privileges. 

8. The right is hereby given to said corporation to carry 


8 


on) 


CANALS. 


its canal along any part of the bed of Beargrass Creek, 
Paddy’s Run, or other natural watercourse that it may 
be practicable to follow in its course around The City of 
Louisville; and the right is hereby given to said corpora- 
tion to carry said canal and its branches across any street, 
alley, railway, turnpike, road, or stream that may be in 
its course. Provided, that such street, alley, railway, 
turnpike, road, or stream shall be bridged, or tunneled by 
said corporation so as to interfere as little as possible with 
passage thereon. 


9. If the one sixth of the capital stock required to be 
subscribed before organization shall be subscribed, and the 
said corporation shall be organized and begin work in 
good faith on said canal within five years, and complete 
the same in fifteen years after the passage of this act, then 
the said corporation by this act created shall have the 
exclusive right to construct a canal around and within The 
City of Louisville from some point above the falls of the 
Ohio river to some point below said falls on the Kentucky 
side, within ten miles of the route that may be adopted 
by said corporation, for the period of fifty years from and 
after the time when such work of construction shall have 
begun as herein provided. 


Res” See FEDERAL RELATIONS —GENERAL CouNCIL— TAXATION. 


UPA oti seed hd od ates 


CHARITIES AND CORRECTIONS. 


8 20d bl gh a igh 


1. The Board of Commissioners 
of Public Charities for The City of 
Louisville. 

2. Powers and duties of the Board. 

3. Work by inmates of institu- 
tions. 

4. Causes of disqualification of a 
Commniissioner. 

5. Location of the institutions; 
houses of refuge and reform. 

6. Clinical instruction at the Ma- 
rine [City] Hospital. 

7. Medical care of the Pest-, Alms-, 
and Workhouse; maintenance and 
support of the institutions. - 

8. Physicians of the Eastern and 
Western districts. 

9. Workhouse convict-labor. 

10. Deduction of time from the 


term of sentence of prisoners in the 
Workhouse. 

11. The apprenticing of children 
from the City Almshouse. 

12. Monthly reports from the Alms- 
house and Workhouse. 

13. The Louisville 
definition and object. 

14. The keeper; his election, resi- 
dence, and duties. 

15. The auditing and payment of 
Workhouse expenses. 

16. The City stone-quarry. 

17. Quarryman. 

18. The Louisville House of Refuge; 
incorporation of the Board of Man- 
agers; limitation on revenue from 
real estate; exemption from taxation. 


19. How and when the Managers 
are to be elected. 


Workhouse; 


20. The filling of vacancies. 
21. Admissions to the institution. 


22. The control of inmates; visi- 
tors. 


23. Reports by the Managers. 
24. Election of Managers. 


25. The Jefferson Circuit and 
Louisville City courts may commit 
certain persons to the House of 
Refuge who would otherwise be sent 
to the Penitentiary or Workhouse. 


26. Vicious and immoral youths 
in The City may be sent to the House 
of Refuge. 

27. Persons convicted of penal 
offenses may be committed. 

28. Private examination and trial; 
written consent of parents unnec- 
essary in certain cases. 

29. No commitment shall be had 
unless the parents reside in Louis- 
ville. 

30. Appeals 
courts. 

31. Certified copy of record to be 
filed. 

32. Children not to be apprenticed 
outside the State. 


35. Determination of controversies. 

34. Discharge of inmates. 

35. Commitments at the request of 
parents. 

36. Ministers’ visits. 


from judgments of 


37. Courts which may commit in- 
dividuals to the institution. 

38. Managers; election, 
quorum. 


terms, 


39. Council may levy a special tax. 


88 


The charter, 
of March 
Sec. 


act 
9 


?. 


89. 


1870. 


CHARITIES AND CORRECTIONS. 


40. Power of the City Court Judge 
to send boys and girls under certain 
ages to the House of Refuge; bond 
and release. 

41. Forfeiture of bond. 

42. The ages of boys and girls who 
may be committed. 

43. Managers exempt from jury 
service. 

44. Escapes from House of Refuge. 

45. The land occupied by the House 


of Refuge donated by ‘The City; 
conditions of the donation. 

46. A part of the land authorized 
to be sold. 


47. The occupancy and use of the 
land. 


49. The Cook Benevolent Insti- 
tution; act of incorporation 


50. The same revived and contin- 
ued in force. 


51. The act amended; the estab- 
lishment of an hospital authorized. 


52. Further amendment. Sales of 


real estate authorized. 


53. Manner of sales; proceeds, etc. 


54. St. Xavier Institute of the Sis- 
ters of the Good Shepherd; the 
Judge of the Louisville City Court 
empowered to commit certain bawds 
to the care of the sisters; rules gov- 
erning such commitments. 


48. Expenses of the House of 


5d. The eare of paupers, lunaties, 
Refuge 
ei" 


and others returned by asylums. 


1, The General Council shall elect, in the month of 
April next after this charter goes into effect, six citizens 
of said City, not members of the General Council, whose 
qualifications shall be the same as Aldermen, who, to- 
gether with the Mayor, shall constitute the Board of Com- 
missioners of Public Charities for The City of Louisville. ! 


1Rules governing the Board of Commissioners of Public Charities, in force 
July 1, 1884: 


I. The regular meeting of the Board of Commissioners of Public Charities 
shall take place every second Tuesday of each month, at 8 o’clock p.M., from 
the first of April to the first of October, and at 74 o’clock Pp. M. from the first 
of October to the first of April. 

II. Special meetings shall be called by the president whenever deemed 
necessary by him, or upon the written request of any two members. 

III. The members shall meet on the Tuesday following the annual election 
of commissioners by the General Council, in each year and organize by the 
election of a president. 

IV. The president shall preside at all meetings of the Board, and, in his 
absence, a president pro tem.shall be appointed. 'The president shall conduct 
the meetings in a parliamentary manner and according to the rules. His 
decisions, unless reversed by the Board upon an appeal taken by any member, 
shall be binding, and he shall sign and verify the minutes of each meeting 
after their approval by the Board. 

V. The president shall appoint the following committees at the next regu- 
lar meeting of the Board after his election: (1) A committee on hospitals. 
(2) A committee on Workhouse. (3) A committee on Almshouse. 


VI. The Mayor of The City shall be ex-officio a member of all com- 
mittees. 


CHARITIES AND CORRECTIONS. 


They shall be elected by the General Council in joint 
session, by o/va-voce vote, for three years, and serve without 
pay. The keepers and such of the other officers and 
employes as the General Council may deem necessary, be- 
fore entering upon their duties, shall take such oath and 
give such bond and security as the General Council may 


VII. A majority of the Board shall constitute a quorum. 

VIII. Motions shall be reduced to writing when requested by the 
president or any member present. 

TX. On all questions and motions whatsoever, the sense of the board shall 
be taken by yeas and nays, if any member require it. 

X. The order of business shall be as follows: (1) Reading of the minutes. 
(2) Approval of bills and accounts. (3) Reports of committees. (4) Unfin- 
ished business. (5) Any other business. 

XI. Committees on hospitals, Workhouse, and Almshouse, respectively, 
shall exercise general supervision over these institutions, their management, 
grounds, arrangements, and statistics. They shall receive the regular stated 
reports of the superintendents and the medical departments, and repre- 
sent the board in all special duties connected with these institutions, and 
report to the Board of Commissioners monthly. 

XII. The medical staff and all officers and employes shall hold their 
positions at the pleasure of the Board. 

XIII. Any person, aggrieved by the action of any committee, may appeal 
to the Board for redress. 

XIV. In all questions of parlimentary proceedings, the rules as laid 
down in Cushing’s Manual shall prevail. 

XV. The rules governing this Board may be suspended by a two thirds 
vote of the members present. Any alteration, repeal, or amendment may 
be made by a vote of five members of the Board, notice of the same having 
been given at least one month before action is taken. 

XVI. Medical staffs for the Hospital, and officers and employes for all 
the institutions in charge of the Board shall be elected as provided in the 
rules prescribed for their government, following hereafter; but if such election 
be not held at the pate designated, it shall be held assoon after as may be 


convenient. 
XVII. The City shall be divided into six districts, two wards in each, 


and a Commissioner appointed by the president to each district, who shall 
control the admissions into the charitable institutions of the district under 
his charge. The Mayor to confine his permits to non-residents and urgent 


cases. 

The Clerk—I. There shall be elected by the Board of Commissioners 
of Public Charities a clerk, who shall be a competent book-keeper and 
apothecary. 

Il. Said clerk shall reside in the Louisville City Hospital, unless other- 
wise ordered and provided for, and shall be entitled to his lodging, board and 
washing, and shall receive such pecuniary compensation as the Board may 
from time to time designate, but shall not be allowed to receive any other 
emoluments, perquisites, or fees whatsoever. 


89 


90 


CHARITIES AND CORRECTIONS. 


prescribe by ordinance. The Commissioners first elected 
shall, within three months thereafter, divide themselves 
by lot into three equal classes. The seats of the first shall 
be vacated at the end of one, those of the second at the 
end of two, and the third at the end of three years, and 
annually thereafter two Commissioners shall be elected 


III. The clerk shall attend all meetings of the Board and keep a detailed 
and correct account of its proceedings in the minute book of the Board, and 
prepare a calender of the business to be transacted at each regular meeting, 
including a list of reports to be made. He shall audit and keep the accounts 
of the different charity institutions, each separate, and shall monthly, at the 
regular meetings, present a balance-sheet, showing the financial status of each 
separate institution.  * 

IV. He shall take care of, and preserve, all books, papers and other docu- 
ments, belonging to the Board, subject at all times to the inspection of any 


- member of, or other person authorized by the Board. 


V. The clerk shall receive the monthly reports and pay-rolls, from the 
superintendents of the different charity institutions, and shall, at least five 
days previous to the regular monthly meetings of the Board, prepare, for the 
inspection of the committees, all bills, accounts and claims presented to the 
Board for payment, and shall see that the bills and pay-rolls are approved by 
the superintendents, and certified to upon their honors, and that the different 
bills correspond with the entries upon the receiving books of the different 
institutions, and that they are charged, extended and added correctly, and 
delivered to the chairmen of the respective committees. 

VI. The Clerk shall keep the statistical records of the City Hospital, and 
receive, file and tabulate the statistical records from all other charity institu- 
tions. He shall be required to keep a complete and accurate list of all private 
property brought into the Hospital by any officer, employe, or patient, in a 
book provided for that purpose, certified to by the superintendent, and make 
a note of the disposition of the same, and append such list to the required 
accounts of stock. He shall keep a full register of all patients, received, 
discharged, and deceased. He shall register the name, age, sex, nativity, oc-. 
cupation, and educational qualifications of each person admitted to the Hos- 
pital, and the name and residence of his or her nearest friend or relation and 
also an alphabetical list thereof. 

VII. He shall, under the direction of the superintendent of the Hospital, 
prepare monthly reports of the census, and prepare the list of stock on hand, 
required to be made semi-annually by the superintendents, and make and 
prepare all other reports and communications, that may be required by the 
superintendent of the Hospital or the hospitals committee. He shall report 


monthly the number of visits made by each member of the medical staff on 


duty, and shall give such notices as may be directed by the registrar, curator, 
and officer of the day, to the medical staff. He shall make a full inventory 
of the clothing and any other effects left by deceased patients, under the 
direction of the superintendent, in books kept for that purpose, and shall] also 
enter in this book the final disposition made of such articles, and on whose 


CHARITIES AND CORRECTIONS. 


by said Council as aforesaid; and all vacancies that may 
happen in said board shall be filled in like manner by 
said Council for the unexpired term vacated. 


2. Said Board shall have the control and management 
of the Louisville Marine Hospital? in trust: for the Com- 
monwealth of Kentucky, the Almshouse, Pesthouse, City 


authority and order the same were disposed of. Immediately upon the death 
of a patient, he shall notify the relatives and friends of the same and receive 
their wishes in regard to the remains and effects of the deceased. 

VIII. The clerk shall give notice of all meetings of the Board, and 
shall assist the committees of the Board in the execution of their duties when- 
ever required, and obey all proper orders received from the president, the 
committees, or members of the Board of Commissioners. He shall not 
absent himself without the permission of the president of the Board and the 
hospitals committee, and not unless he furnishes a competent and satisfactory 
substitute. 

IX. Whenever the business of the drugroom demands, or in case of 
absence, sickness, or other disability of the apothecary, the clerk shall assist in 
or perform the duties of apothecary until such absence, sickness or disability 
is removed, or all such demands for his assistance cease. 

X. The clerk shall see that the nurses and others having charge of instru- 
ments make a monthly report of the same, stating their condition, and he 
shall satisfy himself by personal inspection of their correctness and so state 
on each report to be given to the chairman ot the hospitals committee, with 
his other monthly reports. 

XI. The clerk shall furnish bond, with approved security, for the faithful 
discharge of his duties in the sum required from time to time by the Board 
of Commissioners. 


2'The following is the code of rules adopted by the Board of Commissioners 
of Public Charities for the government of the City Hospital, and in force 
July 1, 1884: 

The Medical Staff—I1. The Board of Commissioners shall elect, at their 
regular meeting in May, annually, the medical staff of the Louisville City 
Hospital, which shall consist of eight physicians, eight surgeons, one ortho- 
pedie surgeon, and one or more oecculists, who shall be regular practitioners 
of medicine, surgery, and ophthalmology, in good standing, and of not less 
than three years active practice. 

Il. The term of service of the medical staff shall be one year, but the 
term of their special duties in attending the different departments of the 


institution shall be such division of that time, as the members of the staff 


may agree upon, always placing the lecturers on clinical medicine and 
surgery, elected by this Board from the medical schools, on duty during the 
months designated by this Board. 

III. The members of the staff, thus elected, shall be notified of their 
election by the clerk of the Board of Commissioners, and they shall, within 
five days, signify in writing, whether they accept or decline the position, or 


91 


The charter, 
act of March 8, 


1870. 


Sec. 90, 


92 


CHARITIES AND CORRECTIONS. 


Workhouse, House of Refuge for Females, and any other 
house of reform or of refuge, or other similar charitable 
institution, or places of reform or punishment, that may 
be established by or under the control of said City, unless 
otherwise provided for by law. Said Board shall appoint 
the keepers, superintendent, guards, officers, and all 


shall forfeit their election, in which case the Board of Commissioners shall 
proceed to fill the vacancy. 

IV. The members of the hospital staff shall serve without compensation. 

V. The lecturers on clinical medicine and surgery from the different 
schools of medicine elected by the Board of Commissioners, as members of 
the medical staff of the Hospital, shall have under their care the male 
medical and male surgery wards during the months designated by this Board. 
Members of the staff, other than those from the schools, may deliver lectures 
in the amphitheatre of the Hospital, at such times as may be designated by this 
Board; and the members of the hospital staff on duty in any of the departments 
shall, when requested by the clinical lecturers, allow the use of their patients, 
with their consent, for clinical lectures, when deemed by them safe and prudent 
but such patients are to continue under their exclusive control and treatment. 

VI. Any member of the staff, other than lecturers from the schools, desir- 
ing to deliver lectures during the months of March, April, May, June, July, 
and August, shall signify such intention in writing to the chairman of the 
hospital committee, in order that due appointment of days and hours for 
the use of the amphitheatre may be made, and a proper schedule bulletined, 
but he shall first obtain permission from the Board of Commissioners. 

VII. The departments of the Hospital shall consist of the following, 
to wit: Medical and surgical department, which shall be subdivided into 
male medical and female medical, male surgical &nd female surgical depart- 
ments, and an eye-and-ear department, and such other subdivisions as may 
from time to time be made by the Board of Commissioners. 

VIII. The hospital year shall be divided into terms of three or more 
months each one of which terms shall constitute the annual service of each 
member of the staff, but the oculists may serve such time as this Board may 
determine. In the medical department there shall be in daily attendance 
one physician to each subdivision, and in the surgical department there shall 
be one surgeon to each subdivision. The eye-and-ear department shall receive 
daily visits from the oculist and aurist on duty, and should the condition of 
the sick in the department require more than one visit daily, then it shall be 
the duty of the member of the staff having that department under his charge 
to make as many visits as may be necessary. The regular daily visits of the 
members of the staff on duty shall be made between the hours of 8 A.M. and 
2 P.M. 

X. Any member of the hospital staff, on duty, who shall fail to make his 
daily visits for four consecutive days, or ten days in a month’s attendance, 
thereby vacates his membership, and the Board of Commissioners will at 
once proceed to fill the vacancy; if, however, any member of the staff is pre- 
vented by sickness or any other unavoidable cause, he shall at once inform 


CHARITIES AND CORRECTIONS. 


employes requisite for all the above named institutions, 
and of such as may be placed under their control, during 
their pleasure, and fix their salaries. They may make 
by-laws and rules for the orderly government and con- 
trol of said institutions, or any of them, and enforce 
them upon the inmates or employes; upon the inmates by 


the chairman of the hospitals committee, who will take the necessary steps to 
secure the attendance of some other member of the staff in his place. 

XI. At each visit to his ward every member of the staff on duty shall 
register his name in a book kept for that purpose in the ward, and after 
making his visit he shall make a record of their arrival and departure in the 
ward, and of any neglect or disobedience of orders on the part of either the 
resident assistants, apothecaries, or nurses, and also of any want of ventila- 
tion, cleanliness, or proper diet or drinks, or the use of improper diet or 
drinks, or of any other causes detrimental to the sick, in a book kept for that 
purpose in the office, suggesting the proper remedies. This book of complaint 
is to be open only to the medical staff, the superintendent and members ot 
the Board of Commissioners, and will be the only source to which the Board 
or superintendent will look for complaints from the medical staff. 

XII. The members of the medical staff on duty shall exact of the resident 
assistant serving under him a full and correct history of such cases as he 
may designate, in books provided for that purpose, which books shall be the 
property of the Hospital, and they shall report monthly to the Board of 
Commissioners whether that duty has been performed. 

XIII. The members of the medical staff on duty shall direct the wena ge 
of all persons, who are in proper condition, or who have received all the 
benefit that treatment in the institution will afford, these directions to be 
given by them to the resident assistants, and they to the superintendent, who 
shall carry into effect said discharge. 

XIV. When a capital operation is to be performed all the members of the 
staff shall be notified, provided the urgency of the case permits the necessary 
delay caused by such notification. 

XV. A post-mortem examination of every patient dying in the Hospital 
shall be made, if requested by the member of the staff on duty, or by any 
two members of the hospital staff, unless objected to by the friends of the 
deceased, registered as such, and a notice of such examination shall be trans- 
mitted by the clerk of the Board of Commissioners to every member of the 
medical staff, previous to such examination. 

XVI. All capital operations shall be performed by the surgeon in attend- 
ance; but not until consultation with the other surgeons of the hospital 
staff on duty, and obtaining the consent of the patient. This rule shall not 
prevent emergent cases from receiving immediate surgical aid. A patient 
obstinately refusing to allow an operation after the surgeons of the staff have 
decided upon it, may, at the discretion of the surgeon in attendance, be 
discharged from the Hospital. 

XVII. Each member of the staff on duty shall, at the expiration of his 
term of service, accompany his successor at his first visit in order that he 


93 


94 


CHARITIES AND CORRECTIONS. 


the infliction of appropriate but humane punishments. 
These rules and by-laws not to be in conflict with the 
laws of the State or ordinances of said City. 

3. Said Board may authorize and require the superin- 
tendent or Keeper of any of said institutions to exact and 
compel the inmates to perform such reasonable work as 


may give a history of each case and of the treatment he has pursued, in 
addition to the data recorded in the case-books. 

XVIII. It shall be the duty of the hospital staff to recommend a diet 
table for the use of the Hospital, stating the kind and quantity of food and 
drink to be allowed each convalescent patient, daily, during each day of the 
week; and also another table for the various kinds of extra diet to be used 
in the Hospital. 

XIX. The member of the staff on duty shall, in all cases where liquors 
are required, make a daily written order for the same, as no liquor will be 
furnished without such order, except as in Rule xill, governing the resident 


assistants. 
XX. The members of the staff shall elect one of their number to serve as 
microscopist, whose duty it shall be to make a microscopic examination of 


all specimens referred to him by any member of the staff, and report on the 
same. The duties of microscopist and pathological curator may be combined 
and assigned to one person. 

XXI. There shall be kept an amputation-book, in which the surgeons on 
duty shall enter a record, including the number, name, age, sex, disease of 
the patient, and the result of all amputations done during their service in 
the Hospital. There shall also be kept an operation-book, in which shall be 
entered in a tabulated form all surgical operations other than amputations, 
with like record. These books shall be the property of the Hospital. 

XXII. The staff of the Hospital shall constitute a medical board, to 
convene for the election of officers within two weeks after their election by 
the Board of Commissioners. Their officers, to be elected from among their 
number, shall be a president, a vice-president, a secretary, and a microscopist, 
and notice of their election shall be given the Board of Commissioners by 
the secretary elect. 

XXIII. The medical board shall meet on the first Tuesday of every 
month. It shall be the duty of the secretary to keep full and accurate min- 
utes of all meetings of the medical board, and to transmit an official copy of 
said minutes, coutersigned by the presiding officer, to the chairman of the 
hospital committee before the next regular meeting of the Board of 
Commissioners. 

XXIV. It shall be the duty of the medical board to advise the Board of 
Commissioners in all matters pertaining to the physical health and wellbeing 
of the inmates of the Hospital and to take prompt action upon all eS cE 
questions referred to them by the Board of Commissioners. 

XXV. The medical board shall appoint the following standing committees. 
A committee on drugs; a committe on instruments; a committee on inspec- 
tion of buildings, premises, and diet. 


CHARITIES AND CORRECTIONS. 


they may be respectively able to perform without detri- 
ment to health. If any inmate consider the exactions of 
the superintendent or keeper too great or hard, such shall 
have the privilege of making complaint to said Board 
without being subjected to any punishment by the super- 
intendent for it; and any infliction for this cause by the 


———+- 


XXVI. Five members of the medical staff, shall constitute a quorum for 
the purpose of receiving all regular monthly reports; for all other business a 
quorum of nine will be required. Special meetings may be called upon the 
written request of any three members of the medical board addressed to its 
president, whose duty it shall be to have the members of the Board notified of 
such special meetings as well as of all regular meetings. 

XXVIII. The medical board shall arrange the term of service of its mem- 
bers and shall furnish, through its secretary, to the chairman of the hospital 
committee a schedule, setting forth the term of duty and department of its 
respective members, which shall be posted in the office of the City Hospital. 

XXVIII. Should the members of the medical board fail to come to ami- 
cable and satisfactory agreement as to the term of service of its respective 
members, the whole question shall be referred to the Board of Commissioners 
for final adjudication. 

XXIX. All reports and communications addressed by the medical board 
to the Board of Commissioners shall be the property of the latter, and filed 
with its papers. 

Curator and Registrar.—l. The Board of Commissioners, at their regular 
meeting in June, annually, shall appoint a pathological curator from among 
the members of the hospital staff, who shall attend all operations and°* post- 
mortem examinations, and prepare such pathological specimens as may be of 
interest and importance. He shall also properly prepare, mount, label, and 
preserve the same, and classify and keep a full catalogue of them. Such 
specimens, so preserved, shall be the property of the City Hospital. 

IL. The curator shall supervise the records of all post-mortem examina- 
tions, which shall constitute a part of the property of the museum, and he 
shall make a full and complete annual report of the work done in his depart- 
ment during the year to the Board of Commissioners. 

III. The Board of Commissioners, at their regular meeting in June, annu- 
ally, shall appoint a registrar, who shall bea member of the hospital staff. He 
shall superintend and take care of the medical and surgical records of the 
Hospital and make a full and accurate quarterly report of all cases treated in 
the Hospital, and a consolidated report to the first of January of each year 
for the preceding twelvemonth, to the Board of Commissioners. 

Resident Assistants of the Medical Staff—l. There shall be chosen in the 
month of March ‘of each year, after competitive examination, four graduates 
from the regularly chartered medical schools of this City, who shall be styled 
resident assistants to the medical staff of the Louisville City Hospital, and 
shall serve for one year, unless sooner discharged by the Board of Commis- 
sioners for reasons satisfactory to the Board. 

II. They shall serve without compensation, other than their board, lodging 


95 


Ne) 


CHARITIES AND CORRECTIONS. 


superintendent or keeper will merit a reprimand from the 
Board, or dismissal at the discretion of the Board. 

4. No member of said Board, nor any member of his 
family, shall be interested, directly or indirectly, in any 
contract for supplies, or the furnishing of said institu- 
tions, or either of them, in any way whereby a pecuniary 


und washing, and before entering upon their duties, they shall sign a pledge 
of honor to observe the rules of the Hospital and the instructions of the 
staff officers, and to conduct themselves in a respectful manner to the mem- 
bers of the staff and officers of the Hospital, and with kindness to the patients 
under their care. 

IIL. The competitive examination of applicants for the position of resident 
assistants shall be in writing, including the following branches: anatomy, 
physiology, chemistry, materia medica, surgery, theory and practice of medi- 
cine, und obstetrics ; and shall be conducted as follows: (1) On or before the 
tenth day of February of each year, it shall be the duty of the president of 
the Board of Commissioners to obtain from physicians and surgeons, authori- 
ties in their respective branches, and residing in other cities than Louisville, 
in the United States, written questions, which the applicants shall be required 
to answer in writing. (2) The authorities, so addressed, shall be solicited to 
endorse the sealed envelopes containing such questions with their respective 
names, stating the branch to which the questions contained relate, and direct 
them to the president of the Board. (3) The president shall be required to 
keep the envelopes so received in his possession, sealed and intact, until the 
day of the examination. (4) The envelopes shall be opened on the morning 
of the day of the examination by the chairman of the hospitals committee, 
and all the questions upon the different branches shall then be copied by the 
clerk of the Board and a copy thereof furnished to each of the applicants 
after they have repaired to a room set apart for the purpose of examination. 
(5) The applicants shall be required, upon their honor, to answer the ques- 
tions without any assistance whatever. The examination shall commence at 
the hour of 9 o’clock A.M., and be concluded the same day, under the 
direct and constant supervision of one of the members of the Board of Com- 
missioners, whose duty it shall be to prevent inter-communication between 
the candidates, and to exclude all visitors from the room. (6) At the close 
of the examination each applicant shall seal the questions with his answers 
in one envelope, and his name and residence in another, and hand both to 
the clerk of the Board, who shall put both envelopes in one package and seal 
it. (7) The chairman of the hospitals committee shall then repair to the 
office of the Board, and there, in the presence of a witness, open the packages 
and place corresponding numbers on each answer and on the envelope con- 
taining, the name and residence of the applicant, and shall then seal the 
answers altogether in one package, and the envelopes containing the names 
in another package, and keep possession thereof until the board of examiners 
shall have met and organized, which shall be as soon as practicable after the 
examination, for the purpose of examining the answers, when the seal shall 
be broken and the answer submitted to them. (8) Upon the adjournment 


CHARITIES AND CORRECTIONS. 


advantage may accrue to him or them. It shall be the 
duty of every member who may have any knowledge or 
belief of a violation of this provision to report the same 
to the Board, and if upon inquiry it be found true, the 
place of such member shall be vacated, and so reported 
to the General Council, who shall fill the vacancy as in 
other cases of vacancy. 


of the examining board from time to time, the answers shall be sealed again 
and opened at their next meeting, and so on, until the examination is finished. 
(9) The board of examiners, having by vote determined the merit of each 
candidate upon each respective qnestion by means of a graduated scale 
adopted by them, shall make a schedule of the general averages upon all 
subjects for each applicant, and report same in a sealed envelope to the presi- 
dent of the Board of Commissioners. (10) After the close of the labors of 
the examining board, the Boards of Commissioners shall meet for the purpose 
of selecting the four resident assistants, when the reports of the examining 
boards shall be read, and the president of the Board of Commissioners and 
the chairman of the hospitals committee shall then produce and open the 
envelopes containing the names and residences of the applicants, and ascer- 
tain the four highest averages; these four shall then be declared duly elected, 
and the clerk of the Board shall notify them of their election. 

IV. The board of examiners, on written examination, shall be composed 
of two members, selected by each of the medical schools from which candi- 
dates present themselves, but not connected with said schools nor teachers of 
private classes, and, in addition, of an equal number of members of the 
hospital staff not connected with any school, nor teachers of private classes, 
to be selected by the Board of Commissioners, three fourths of whom shall 
be a quorum, 

V. The four resident assistants chosen under these rules, shall enter upon 
the discharge of their duties on the first day of April after their election, and 
shall serve until the first day of the following April. 

VI. The duties of the resident assistants shall be to attend to the patients 
in the Hospital and dispensary, under the supervision and direction of the 
visiting staff, and to keep full and accurate memoranda of such cases as the 
staff officer may direct, in books of record provided for that purpose. 
- These books of record shall be the property of the Hospital, and shall be 
kept by the resident assistants, each one keeping them three months, from 
the notes and data furnished him. In them shall be recorded all admissions, 
giving each a number, name, and age of the person admitted, nativity, sex, 
color, and such other information and means of identity as may be of use for 
future reference; and also all discharges, operations, cures, deaths, or escapes, 
etc., as Well as all points of a general scientific nature. The resident assistants 
may agree among themselves who shall first take charge of these books, but 
in the event of a disagreement the chairman of the hospitals committee 
shall determine the matter for them. 

VII. The resident assistants shall perform such duties as are required in 
the rules, or as may hereafter be prescribed for their observance and guidance 
by the Board of Commissioners. 

- 


CHARITIES AND CORRECTIONS. 


5. The General Council may, by ordinance, locate any 
of the said institutions upon land now owned by The 
City, or to be hereafter provided for that purpose, any 
where in Jefferson County; and incase of removal from 
present locations said Council shall have full power by 
ordinance to sell the old, and prescribe new locations, and 


VIII. The resident assistants shall serve in rotation in the office of the 
Hospital, and while on such duty shall be styled officer of the day. The 
officer of the day shall not be absent from the office, except to visit his 
department. He shall admit all persons with peremptory permits, and shall 
properly register them in the admission book of the Hospital. He shall 
refer persons, who have conditional permits, or who, in his opinion, do not 
require hospital treatment, to the proper officer of the medical staff. In 
cases of urgency not allowing delay the officer of the day may admit 
persons without a permit, but he shall obtain such permit within twenty- 
four hours after admission to the Hospital from a member of the Board of 
Commissioners. He shali temporarily assign to all patients admitted by him 
the ward they are to occupy until examined and permanently located by 
the visiting physician or surgeon on duty. ; 

IX. The officer of the day shall request the clerk of the Board of Com- 
missioners to serve such notices on the hospital staff as are required by these 
rules, and the necessity for which may arise during the day he is on duty. 

X. Two of the resident assistants shall serve six months in the medical 
department, serving three months in each subdivision, and the other two six 
months in the surgical department, each serving three months in the male 
and three months in the female subdivision, and at the termination of the 
first six months they shall exchange departments. Should they disagree as 
to who will first enter either department, the matter shall be referred to the 
chairman of the hospitals committee, who shall determine for them. 

XI. The eye-and-ear department shall be attended three months by each 
of the resident assistants. 

XII. The resident assistants shall not exchange departments without the 
consent of the Board of Commissioners, and such privilege shall not be 
granted except upon the written petition of the resident assistant, and 
approval by the members of the staff on duty in the departments concerned. 

XIII. Each resident assistant shall attend the member of the staff, 
having charge of the department in which he serves at each visit, and 
receive such directions as may be necessary, and see that they are carried 
out; and should the members of the staff having charge of any department 
not arrive by 2 o’clock P.M., then the resident assistant may proceed to 
prescribe for that department. In addition to the visits thus made, the 
resident assistant shall make at least two others, one in the morning and one 
before retiring at night, and as often as he may have been directed by the 
visiting members of the staff. He shall register his name, and the hour of 
his visit, in a book kept in each department under the charge of the nurse. 

XIV. He shall not prescribe liquors except in urgent cases or when 
necessary to continue the prescription of an absent member of the staff. In 


CHARITIES AND CORRECTIONS. 


to invest the proceeds in suitable buildings and improve- 
ments. The General Council may locate, establish, and 
maintain, with suitable buildings, a house of refuge for 
white juvenile females, and may establish one of reform 
for adult females. It shall be lawful for the Jefferson 
Circuit Court and the City Court of Louisville to commit 


either case he shall write on his prescription that the member of the staff is 
absent, or the case is urgent. <A faithful observance of this rule is required. 

XV. In the absence of the members of the visiting staff on duty in the 
ditferent departments, the resident assistant shall represent them in their 
respective wards, and shall be responsible for the faithful observance of the 
instructions given by the staff officer, and of the rules and regulations of the 
Hospital. When acase of importance or urgency arises in the absence of 
the visiting member of the staff on duty, the resident assistant serving under 
him shall immediately notify such member of the fact, and if he can not be 
found, it will be his duty to seek the aid and advice of some other member of 
the staff nearest at hand, and in the meantime he shall attend to the imme- 
diate relief of the patient. 

XVI. Hach of the resident assistants on duty in the medical departments 
shall, under the direction of the pathological curator, assist at post-mortems, 
and shall preserve and classify every pathological specimen of interest taken 
from the bodies of deceased persons dying in the Hospital, and shall place 
the name of the pathological curator and of the physician or surgeon 
attending the case, and of the resident assistant, upon the vessel containing 
the specimen. All specimens shall be the property of the Hospital. 

XVII. There shall be at no time less than two resident assistants present 
in the Hospital, and no resident assistant shall absent himself from his 
duties unless from urgent necessity, and not then without the consent of the 
staff officer on duty in his department, or the superintendent. In cases of 
longer absence than one day, the consent of the Board of Commissioners 
must be obtained, and an acceptable substitute, both to the staff and Board, 
furnished. 

XVIII. The resident assistants shall not practise their profession outside 
of the Hospital, nor engage in any other occupation, nor be connected with 
any school of medicine or medical dispensary in any capacity whatever, nor 
shall they make any charge for services rendered, but, in the event they are 
requested by the attending physician or surgeon to any private patient in the 
Hospital to watch over such patient, it shall be their duty to do so. For any 
such services they shall make no charge, but they are not prohibited from 
receiving any gratuity offered. 

XIX. The resident assistants shall report to the staff officer and superin- 
tendent any neglect on the part of nurses or other persons whose duty it is 
to provide for the comfort and necessities of the sick in their department. 

XX. Those resident assistants who faithfully, and to the satisfaction of the 
hospital staff and Board of Commissioners, perform their duties, shall, at the 
expiration of their term of service, receive a certificate to that effect, signed 
by the hospital staff, the Mayor of The City, and the members of the Board 


100 


\ CHARITIES AND CORRECTIONS. 


female offenders to said houses of reform and refuge 
when the welfare of the individual or public policy may 
require such commitment. Juvenile females may be 
committed to said house of refuge until they are eighteen 
years of age; adults to the house of reform for the term 
of one year. 


of Commissioners, with the seal of The City attached. No certificate, however, 
shall be granted to any resident assistant who shall resign, or who has not 


- given satisfaction to the medical staff and Board of Commissioners. 


XXI. No resident assistant shall be absent during the hours of attendance 
of the visiting staff. They shall all be at the Hospital at a reasonable hour 
in the evening, and shall not sleep out of the house unless by special 
permission, 

XXII. No examination of females shall be made in the institution by the 
resident assistants unless another person is present. 

XXIII. No resident assistants shall grant a permit to any patient to leave 
the hospital grounds. 

XXIV. Resident assistants on duty in the surgical department shall avoid 
being present at post-mortem examinations. All resident assistants assisting 
in post-mortems or surgical operations, shall wash their hands in a disinfectant 
after finishing. 

The Superintendent.—l. There shall be appointed by the Board of Com- 
missioners of Public Charities a superintendent of the Louisville City Hos- 
pital. He or she shall reside, with his or her immediate family, in the 
building, in apartments to be designated by the hospitals committee for that 
purpose, and shall be entitled to their lodging, board, and washing, and such 
pecuniary compensation as the Board of Commissioners may allow, but 
shall not be entitled to any other emoluments whatsoever. 

II. The superintendent shall be responsible for all purchases made for the 
Hospital, and no purchases shall be made by any one connected with the in- 
stitution without the consent of the superintendent, the Board of Commis- 
sioners, or hospitals committee. 

IIL. He or she shall have charge of the grounds, buildings, appurtenances, 
and property belonging to the Hospital, and require them to be kept in good 
order, and all apartments to be properly warmed, cleansed, and ventilated. 
He or she shall visit the wards, offices, and rooms of the Hospital daily as 
often as may be necessary. He or she shall require all needful repairs to be 
made, as far as may be done by persons under his or her control, and super- 
intend these, and such as may be ordered by the Board of Commissioners of 
Public Charities, and or its committee, to be done by hired workmen. He 
or she shall make written notes of needed repairs or alterations for informa- 
tion of the hospitals committee. 

IV. He or she shall require all articles, injured or worn, of whatsoever 
description, to be preserved until inspected, and disposition thereof ordered 
by a committee of the Board of Commissioners, of which he or. she shall 
make a note or properly account. 

V. The superintendent shall report to the clerk a list of all private property 


OHARITIES AND CORRECTIONS. 


—_ - — 


6. Said Board shall have the power to grant the use of 
the Marine Hospital, or any building attached thereto, 
for the purpose of clinical instruction to the medical 
schools or colleges chartered by the commonwealth; or 
said Board may appoint suitable persons to deliver 
clinical lectures in a building adjoining said Hospital, 


belonging to either officer, employe, or patient, and shall give permits for 
the withdrawal of the same upon proper demand thereof; and it shall 
- not be permissible to remove any property without the written permit of the 
superintendent, subject to the further rules relating thereto. 

VI. He or she shall require the economical use of all supplies of provis- 
ions, fuel, light, or drugs, and take especial care that no wine, or spirituous 
or malt liquors, supplied for the Hospital, shall be furnished to patients, or 
consumed by officers or employes, except by the written direction of the 
physician or surgeon in charge. 

VII. The superintendent shall have the general supervision and direc- 
tion of all officers and employes of the Hospital, and report any failure or 
neglect of duty, loss of time, and violation of good order or the rules, es- 
pecially the use of boisterous, profane or obscene language by any officer, 
employe, patient, staff-physician or surgeon, or resident assistant. 

VIII. He or she shall prohibit all persons engaged about the Hospital 
from needlessly passing through the halls or galleries of the Hospital, or into 
the wards, unless with the consent of the physician or surgeon in attendance, 
or a Commissioner, or superintendent. 

IX. He or she shall restrict all persons employed in any capacity in the 
Hospital to their prescribed duties, and forbid all intermeddling with those 
of another. He or she shall forbid all comment upon the practice of any 
member of the staff by another member, or any other person, in the presence 
of a patient, and the circulation of reports, rumors, or charges, calculated to 
interfere with the harmony or discipline of the institution, and shall require 
all complaints to be lodged with him or herself, unless affecting his or her 
own conduct, and then with the hospitals committee; and when unable to 
enforce these requirements, he or she shall report them, with name of 
offenders, to the Board of Commissioners. 

X. He or she may suspend any employe of the Hospital for wilful viola- 
tion of the rules, or disregard of orders, until he or she reports the case to 
the hospitals committee for their action, which shall be done promptly and 
within forty-eight hours at most. In the meanwhile, he or she may, if 
necessary, appoint a substitute. 

XI. He or she shall provide meals for officers and employes at such hours 
as the hospitals committee may direct, and meals shall not be provided at any 
others for them, except in case of sickness. 

XII. The superintendent shall, at the end of each month, report to the 
hospitals committee a detailed account of expenditures for salaries, provisions, 
drugs, bedding, fuel, liquors, gas, water, and miscellaneous articles, and daily 
average cost of each patient according to the daily number in the Hospital, 


’ 


101 


102 


CHARITIES AND CORRECTIONS. 


and shall make the appointment of visiting and consult- 
ing surgeons of said Hospital, and resident graduates, as 
may be provided by ordinance. 

7, The General Council shall confer the medical care 
ot the Pesthouse, Almshouse, and Workhouse upon the 
elected physicians of the Eastern and Western districts; 


and for officers and patients, -also the amount of liquors and special diet con- 
sumed during the month, and such other statistical record as may be required. 

XIII. He or she shall, on the first days of January and July in each year, 
cause to be made a complete inventory or property-return of all property 
belonging to the Hospital, showing additions made during each half-year, 
and the loss, destruction, or breakage, with the circumstances of such loss, 
destruction, or breakage, so that proper parties may be charged with culpable 
waste, or injury, or with articles unaccounted for. He or she shall note the 
condition of each article, as being in good order, worn, or damaged, and 
report cost of repairs, and submit an estimate of replacements, repairs, and 
alterations to be made during the ensuing six months. 

XIV. At the end of each calendar year he or she shall make an annual 
report and summary of all matters appertaining to the economy and man- 
agement, statistics, and records of the Hospital to the Board of Commis- 
sioners. 

XV. All reports shall be made upon the prescribed forms and blanks 
furnished for the purpose. 

XVI. The superintendent shall see to the reception and transfer of all 
patients, under existing laws, and provide for their maintenance and care in 
accordance with the said laws and the present and future orders of the Board 
of Commissioners. He or she shall suffer no patient to go from the grounds 
without permission from the superintendent. He or she shall cause the entry, 
upon a book kept for that purpose by the clerk, of the discharge of any 
patient, with the date and circumstances of such discharge. Upon the 
decease of a patient, the superintendent shall cause the name of the patient 
and the time of the decease to be entered, and the body to be taken to the 
deadhouse and there safely kept until delivered to the relatives or friends of 
the deceased, when demanded by them; and, in case of no such demand, he 
or she shall deliver the remains to the undertaker appointed by the Board, 
against a receipt to be kept in a book provided for that purpose. The name 
of the attending physician or surgeon shall form a part of the death-record. 
It shall be the duty of the superintendent to cause immediate notice of the 
decease of any patient to be given by the clerk to such patient’s relatives or 
friends. When a patient dies, leaving clothes or any other articles of value, 
unclaimed by any relative or friend, the superintendent shall report the fact 
to the Board of Commissioners, who will cause a note of such reports in the 
minutes, and give him or her the necessary directions for their disposition, 
after making deduction for such expenses as are chargeable under these rules. 
The superintendent shall give certificates in all cases of death, and furnish 
duplicate certificates to relatives and any person interested, whenever 
demanded. 


CHARITIES AND CORRECTIONS. 
and they shall have power to provide and dispense medi- 
cines to the poor in each District, and for medical treat- 
ment to the indigent residents, through said physicians, 
free of charge; and said Council may furnish to each of 
said physicians vaccine-matter, and require them to vac- 
cinate all residents of said City who desire it, free of 


XVII. On their admission, the superintendent shall examine all patients, 
if necesary, under oath, as to their residence, property or money possessions, 
and their ability, or that of their relations, to support or pay for them, and 
he or she shall, in all cases where valuables belonging to patients come into 
his or her hands, make a proper and reasonable charge for the maintenance 
and care of the patient, and the expense incurred in his or her behalf, up to 
the amount of five dollars per week for a bed in the public wards, and 
he shall be required to report the result of such examinations and the 
amounts so collected immediately to the chairman of the hospitals committee, 
and, in his or her monthly reports, to the Board of Commissioners. 


XVIII. The superintendent shall have power to admit persons without 
permits in cases of urgent necessity, and not otherwise, but he or she shall 
obtain a permit from a ihember of the Board of Commissioners within 
twenty-four hours after such admission. 

XIX. The superintendent shall discharge patients when directed to do 
so by the order of the members of the medical staff on duty, or for dis- 
obedience to the rules of the institutions; and it shall be his or her duty to 
notify each one of the commissioners immediately after the discharge of a 
patient for disorderly conduct or disobedience, giving the name of the person 
so discharged. Should a person so discharged return with a permit, he or 
she shall not be readmitted. 

XX. The superintendent shall require all patients to be in their respective 
wards by 9 o'clock, p.M., during the summer and fall months, and by 8 
o'clock, p.M., during the spring and winter months. 

XXI. When any person is desirous of conversing with a religious person 
he shall invite the persons desired to attend, and when any patient is dan- 
gerously ill, he shall, at his discretion, ask such person if he or she desires to 
converse with any religious person. 

XXII. He or she shall make such provisions for the religious worship, 
comfort and instruction of the patients as, with the concurrence of the 
hospitals committee, he or she may deem advisable. 

XXIII. In eases requiring the attention of the coroner at the Hospital, it 
shall be the duty of the superintendent to send a notice to that effect to the 
coroner's office. 

XXIV. The superintendent shall, before dark, cause every access to the 
hospital building to be closed and fastened except such as are in front and 
may be under constant oversight; and shall prohibit the admission of im- 
proper persons, and visits protracted unreasonably by such as have business 
in the house. ; 

XXV. The superintendent shall, before commencing the duties of the 


103 


CHARITIES AND CORRECTIONS. 


charge. And it shall be the duty of the General Council 
to provide and appropriate the funds necessary for the 
maintenance and support and the efficient management 
of all said institutions, within the means at their disposal 
for that purpose; but said Board shall not expend or 
render The City liable for more than the amount 


office, enter into a bond, with satisfactory security, to the Board of Com- 
missioners of Public Charities, for the faithful performance of all the duties 
of the office. 

Apothecaries.— 1. There shall be elected an apothecary for the Louisville 
City Hospital, who shall hold his office during the pleasure of the Board. 
He shall be a graduate of some reputable pharmaceutical school, or he shall 
be registered as a practising pharmaceutist by the state board of Kentucky. 

Il. The apothecary, and any assistant that may be appointed by the Board 
of Commissioners, shall be entitled to board, washing, and lodging in the 
Louisville City Hospital, and shall receive such pecuniary compensation as 
the Board may from time to time determine, but shall not be entitled to any 
other emoluments whatever. 

I11. The apothecary shall have charge of the drugroom and the instru- 
ments of the Hospital and the stock of liquors and ale; and shall be responsi- 
ble for the property in his charge and shall keep a correct, itemized account 
of all articles received and dispensed at cost prices, and make a monthly report 
to the hospitals committee of the amount expended in his department during 
the preceding month. 

IV. He shall keep a daily account of the liquors consumed in the Hospital, 
setting forth by whom prescribed, the name of the patient, the ward, and the 
quantity used, and report the totals monthly to the hospitals committee. 

V. He shall take charge of, and be accountable for, the proper distribution 
into the different wards of all medicines and liquors. He shall safely keep 
the instruments belonging to the Hospital, except such as are delivered to 
nurses, deliver them only to the members of the hospital staff or resident 
assistants in person, or upon their written orders, and see that they are 
returned and properly cleaned. He shall report any loss or breakage ot 
thermometers, syringes, and other instruments, stating the circumstances of 
the loss or breakage to the hospitals committee in his monthly report, and 
keeping the fragments for the inspection of that committee. 

VI. He shall not distribute medicines or liquors except on written 
prescriptions of the medical staff, or in their absence, the resident assistants, 
and only for the use of the sick inmates of the institution and for out-patients, 
not including liquors, when properly signed by a member of the Board of 
Commissioners. He shall fill prescriptions for medicines and liquors for one 
day at a time only, and not more than two ounces of any liquid medicines at 
a time, except lotions. He shall put on each receptacle the prescription in 
full, name and number of the patient, and the directions for administration. 
He shall file all prescriptions and record them in a book provided for that 
purpose, together with all orders for renewals, as vouchers for his credit 
against the drugs supplied. 


CHARITIES AND: CORRECTIONS. 


appropriated for that purpose. Said Council shall pass 
all needful ordinances for carrying out these purposes. 
8. The Board of Commissioners of Public Charities 
shall appoint a physician of the Eastern District and one 
of the Western District during the pleasure of the Board, 
and shall fix their salaries and designate their duties; and 
shall also have power to provide and dispense medicines 


VII. On the first day of each half-year he shall take an inventory of all 
medicines, liquors, and instruments in his possession upon blanks furnished 
for that purpose, showing the quantity of each article on hand at the begin- 
ning of the six months, the amount received and dispensed during that 
period, and the quantity on hand at the end of the six months. | 

VIII. He shall keep his drugroom in a clean and orderly condition; 
every drawer, bottle, and other receptacle being correctly labeled, and no 
one but him and his assistant, if any, or clerk of this Board shall dispense 
anything in this room. Nor shall any one be present at the time the 
apothecaries are compounding prescriptions, unless it be some one on his 
requisition, and when he, or his assistant, or clerk of this Board, leave the 
room, the door shall be locked and the key kept in the possession of the 
acting apothecary. <A copy of this rule shall be conspicuously posted in the 
drugroom. 

IX. The liquor-room shall always be securely locked, and the key in the 
possession of the apothecary or clerk of this Board, and no liquor shall be 
taken therefrom by any person whatever, except in the presence of the 
apothecary or clerk. 

X. The apothecary or clerk shall in no instance give out liquors unless by 
the daily orders of a member of the staff on duty, or a resident assistant who 
orders it in compliance with Rule xiii, governing resident assistants. 

XI. All medicines, salves, plasters, etc., containing a deadly poison, shall 
bear the cautionary poison-label upon the receptacle, before delivery to the 
nurses, out-patients, or persons entitled thereto. 

XII. An assistant apothecary may be employed, whenever deemed neces- 
sary by the Board of Commissioners. He shall act as assistant to the 
apothecary under his immediate charge, and subject to his control and 
orders. 

XIII. The apothecaries shall be guided in all matters by the rules and 
regulations of the Hospital, and shall not leave the premises without the 
consent of the superintendent, and shall not leave the Hospital at any time 
longer than six hours without furnishing a suitable substitute, agreeable to 
the hospitals committee and the medical staff, and at no time shall he and the 
clerk of this Board be absent at the same time. 

XIV. The apothecary in charge shall furnish such bond, with approved 
security, as the Board may determine and exact. 

The Matron.—\. There shall be appointed by the Commissioners of the 
Public Charities a matron of the Louisville City Hospital. She shall be 
entitled to board, lodging, and washing, and shall reside in an apartment 


105 


An «aet to 
amend the 
charter of The 
City of Louis- 
ville, approved 
Feb. 20,1888. 
Sec. 10. 


106 


CHARITIES AND CORRECTIONS. 


to the poor in each district, and to provide medical treat- 
ment to indigent residents through said physician, free of 
charge; and it shall be the duty of the General Council, 
within the means at their disposal for the purpose, to 
provide and appropriate the funds necessary for the 
maintenance, support, and efficient management of all 
the institutions under the care of the said Board, and 


designated by the Board for that purpose, and shall receive such pecuniary 
compensation as the Board of Commissioners shall from time to time allow, 
but shall not be allowed any other emoluments whatsoever. 

II. The matron shall have charge of, and exercise a general supervision 
over the female patients in the Hospital, and see to their moral and physical 
welfare. 

III. The matron shall have charge of the linen, bedding, garments, table- 
ware, and other household articles belonging to the Hospital, and, under 
direction of the superintendent, supervise the kitchen, wards, and rooms 
occupied by employes, which she shall visit and inspect daily, and report to 
the superintendent any disorder, neglect, violation of the rules, or waste or 
destruction of property or supplies, or any negligence or wastefulness in the 
preparation of diet for the sick. 

IV. She shall preside over the table prepared for the nurses, and require 
them to preserve perfect order and decorum during meals, and to refrain 
from any improper conversation, and to observe neatness and propriety in 
their dress. 

V. She shail make requisitions upon the superintendent for all needful 
articles for the wards and other apartments placed under her care. She shall 
be responsible for the disposition of all such articles so placed in her care, and 
shall plainly mark them with the name of the Hospital and ward, or other 
apartment, to which they may belong. 

VI. The matron shall cause the nurses to fill out wash-lists of all articles 
of wearing apparel belonging to patients, and see that the clothing is properly 
marked, so as to be easily identified, before it is sent to the laundry. She 
shall also make lists of the public washing before delivery to the laundry 
and exercise a surveillance over same, comparing the -articles returned 
laundried with the wash-list, and immediately causing search for any article 
missing, and report the same to the superintendent. 

VII. The matron shall also perform such other duties as the Board ot 
Commissioners or superintendent may from time to time require. 

The Nurses.—I. The Board of Commissioners shall employ a sufficient 
number of competent nurses, of good, moral character, able to read and write 
fluently, who shall be entitled to their board, lodging, and washing, and such 
pecuniary compensation as the Board may from time to time allow, but shall 
not received any other emoluments whatever. They shall lodge in rooms 
designated for that purpose, adjoining their respective wards. 

II. Nurses in charge of wards shall, under the direction and supervision 
of the medical staff, the superintendent, and matron, have the care of their 
respective wards, and of the convalescent patients detailed to serve therein, 


CHARITIES AND’ CORRECTIONS. 


necessary for the duties and powers hereby devolving 
upon them. Said Board shall not expend or render The 
City Hable for more than the amount appropriated for 
that purpose. Said Council may pass all needful ordi- 
nances for carrying out these purposes. The said Com- 
missioners shall make semi-annual reports to the General 
Council. 


and shall keep their wards perfectly clean, and shall remove, or cause to be 
removed all dirt and slops, and shall at least once daily see that the floors, 
porches, and approaches are cleansed. They shall see that there is no waste 
or improper use of any articles of hospital property. 

IIL. The nurses shall receive and administer all medicines prescribed for 
patients in their respective wards, according to the written directions accom- 
panying them, and they shall promptly and carefully carry out all orders 
that may be given them by the physicians or surgeons, and they must report 
at once to the superintendent every instance of failures or inability from any 
cause to fulfil such orders. 

IV. The nurses shall have all refuse matter thrown into a common re- 
ceptacle, and the appearance of any of it in the wards, on the porches, or 
immediately around the building, shall be considered a breach of duty, and 
just cause of dismissal. 

VY. Any nurse bringing into the building any intoxicating liquors or ar- 
ticles of diet for the use of inmates under treatment, shall be immediately 
suspended by the superintendent, and reported to the Board of Commis- 
sioners. 

VI. The nurses in their respective wards shall see that all unnecessary 
lights are extinguished by 9 o’clock in summer and 8 o’clock in winter, and 
that those that are necessary are so arranged as not to endanger any part of 
the building by fire. 

VIL. Nurses are not allowed to receive on deposit, or otherwise, any money 
or valuables belonging to patients in this institution, but are to report all 
articles of value found upon the persons of patients to the superintendent. 

VIII. The nurses shall immediately report to the superintendent any death 
that occurs in their respective wards. 

IX. Nurses shall not absent themselves from their respective wards unless 
on business connected with the wards, without the consent of the superin- 
tendent; and if desiring to leave the hospital-inclosure, he or she shall make 
a full statement as to the condition of his or her ward to the resident assistant 
in charge, before such departure. 

X. Nurses shall not suffer any infraction of the rules in their respective 
wards, and if such infraction is attempted by any person, it shall at once be 
reported to the superintendent. 

XI. Nurses shall return all empty bottles, jars and other receptacles to the 
drugrooms, and shall keep in a secure place in their rooms all preparations 
of opium, quinine, and liquors, and shall administer them according to 
directions on the label, personally supervising all directions given by the 
physician or surgeon, and seeing that they are carried out to the letter, and 


108 


An act $0 
amend the 
charter of The 
City of Louis- 
ville, and di- 
rectory to the 
Board of Com- 
missioners of 
Public Char- 
ities of said 
City. Ap- 
proved March 
10, 1876. 


CHARITIES AND CORRECTIONS. 


9. The Board of Commissioners of Public Charities for 
The City of Louisville shall not, hereafter, use or direct 
the labor of convicts in the City Workhouse in such 
manner as to compete with the laboring classes outside 
of said work. Said Commissioners shall hereafter be 
required to cause convicts in said Workhouse to work in 
the stone-quairy, prepare curbing for streets, and material 


they shall not leave the execution of any such order, or the administration of 
any medicine, to the patients themselves. 

XII. If any patient shall express a desire to converse with any religious 
person, the nurse shall communicate such wish to the superintendent, and 
shall encourage convalescent patients to attend such religious worship in the 
Hospital as they may select, unless forbidden by the physician or surgeon in 
charge. 

XIII. Nurses shall take charge of and receipt to the clerk for all instru- 
ments placed in their hands, and shall monthly report to him in writing 4 
list of the same, stating their condition. AJ] instruments lost or injured, and 
not satisfactorily accounted for, shall be paid for by the nurse, and the clerk 
is directed to retain the value of such instruments from their salary. This 
rule shall apply to all having charge of instruments in this institution. 

The Engineer.—\. The Board of Commissioners of Public Charities shall 
elect an engineer, who shall receive such compensation as the Board may 


determine and be entitled to lodging, boarding, and washing in the 
institution. 

II. He shall have charge of the boilers, steam-machinery, hydraulic 
elevator, the water-closets, and the gas- and water-pipes of the Louisville City 
Hospital, and take care of the heating apparatus, the tanks, steam-pipes, 
force-pumps, iron- and lead-works, and other mechanical. appliances and 
He shall be 
responsible for the economical use of fuel, steam, and water, and for the neat 
and orderly condition of the boilerhouse, ventilation-ducts, air-chambers, and. 
everything connected therewith. 


tools of the establishment, and keep the same in good order. 


II. The engineer shall supply sufficient steam to keep up a temperature 
of sixty-eight to seventy degrees of Fahrenheit thermometer in all the wards 
during the winter, and he shall visit them night and day, as often as may be 
necessary to secure this object, and he shall also daily see to the good working 
order of the water-closets and bath-tubs. 

IV. The engineer shall make all necessary repairs of the gas- and water- 
pipes and fixtures in the Hospital, if practicable, himself, or have them done 
under his supervision, whenever authorized by the superintendent. 

V. The engineer shall, upon the request of the superintendent, immedi- 
ately repair such fixtures as may from time to time get out of order, and 
keep a book stating all such work done by him, which book shall be open to 
the inspection of the Commissioners, and he shall make a monthly report in 
writing to the superintendent, stating the condition of the boilers, machinery, 
and apparatus or fixtures in his charge, the amount of repairs and replace- 
ments made, and the amount of fuel and water consumed during the month, 


CHARITIES AND CORRECTIONS. 


for macadamizing streets in Louisville, and do other 
useful labor on the public property, so as not to come in 
competition with labor not under the control of said 
Commissioners. 

10. The Board of Commissioners of Public Charities 
for The City of Louisville shall have the power to author- 
ize the keeper of the Workhouse of said City to make a 
deduction of five days in each calendar month from the 
term of each prisoner who has been or may hereafter be 
committed to said Workhouse for a longer term than one 
month, on account of good conduct of such prisoner while 
in said Workhouse. 


and shall make such recommendations and suggestions as he may deem 
proper to make in the interest of the institution. 


VI. The engineer shal) report to the superintendent on the correctness of 


all bills for plumbing or fixing in his department, done under contract or 
otherwise, and shall guard the interests of The City by insisting upon a 
proper and workmanlike execution of all work, and the proper credits for 
old material, ete. 

VII. The engineer shall take special care of the fire-plugs, hose, chemical 
fire-extinguishers, fire-escape ladder and stand-pipes in the Hospital, and shall 
at least twice in each month try their condition and working order, and see 
that they are always ready for immediate use, reporting any fault or defect 
at once to the hospitals committee. He shall embody the strict compliance 
with this duty in his monthly reports to the superintendent. 

VIII. The engineer shall see that the fireman is always in his place, and 
pays the necessary and proper care and attention to the boilers. The regu- 
larly engaged fireman and carpenter of the establishment shall, in addition 
to their other duties, act under the engineer as special fire-police of the insti- 
tution, and shall be made acquainted with the location, condition and workings 
of all the fire apparatus and safety apphances, as well as all facilities for 
egress in case of a fire. 

1X. The engineer shall act as special policeman for and upon the City 
hospital premises. As such he shall enforce the City ordinances and the 
rules and regulations of the establishment, and make arrest of offending parties 
and deliver them into the custody of the proper authorities. 

X. The engineeer shall have charge of the hydraulic elevator of the 
Hospital and see that the same is not used by the employes of the establish- 
ment in the discharge of their duties, its use being restricted to the transpor- 
tation of the sick, the members of the medical staff, clinical lecturers, and 
Commissioners. y 

XI. He shall prevent the inter-communication of employes of different 
sexes, and insist upon the use of the sitting-room provided for that purpose 
for social meetings and for the reception of visitors to the servants, forbidding 
visits of male employes to rooms of female employes and vice versa. 


An actto 
provide fora 
deduction of 
time from the 
term of sen- 
tence of pris- 
oners confined 
in the City 
Workhouse of 
Louisville. 
Approved Apr. 
2, 1880. 


110 


CHARITIES AND CORRECTIONS. 


An act to 
allow the guar- 
dians of the 
Louisville City 
Almshouse to 
apprentice cer- 
tain poor chil- 
dren: Ap- 
proved Jan. 9, 
1852. 


11. The guardians of the Louisville City Almshouse, 
from time to time, and under by-laws to be approved by 
the General Council of The City of Louisville, be, and 
they are hereby authorized and empowered to bind out 
as apprentices to some trade or calling, until the age of 
twenty-one, if males, and until the age of eighteen, if 
females, such children as may receive public support in 


Charity Patients—I1. The Mayor of The City may admit into the Hospital 
only such sick persons as require immediate relief. The members of the 
Board of Commissioners may admit only such sick persons, requiring 
temporary relief who have been residents of The City for at least one year, 
and who reside in the district assigned them by the president of the Board 
of Commissioners, after being satisfied of the truth of the representations 
For that purpose The City shall be subdivided into 
six districts; the first district comprising the First and Second wards; the 
second district, the Third and Fourth wards; the third district, the Fifth and 
Sixth wards; the fourth district, the Seventh and Eighth wards; the fifth 
district, the Ninth and Tenth wards; and the sixth district. the Eleventh and 
Twelfth 
admitting any patient when the urgency of the case requires prompt action. 
Any patient so admitted shall be removed to other appropriate public 


made by the applicants. 


wards. But this rule shall not prevent any Commissioner from 


institution as soon as it appears that his or her case is not a proper one for 
treatment in the Hospital, and as soon as his or her condition will permit. 

II. Patients are to vield obedience and respect to those in authority over 
them, in order that the peace and harmony of the institution may be main- 
tained. Any patient refusing to submit to the treatment prescribed by the 
attending physician or surgeon or, in their absence, the resident assistant, 
shall, upon complaint made to the superintendent, be discharged at his 
discretion. 

III. No patient shall throw any refuse or other matter on the floor of the 
No 
patient shall mutilate any part of the building, or abuse, soil, or destroy any 


ward, nor on the porches of the building, nor out of the windows, 
furniture or anything belonging to the Hospital, on pain of dismissal. 

IV. No patient shall be allowed to receive or bring into the Hospital any 
intoxicating liquor, nor any kind of diet, unless by permission of the medical 
attendants or superintendent; and convalescent patients shall not bring any 
food into the ward at any time without permission from the nurse. 


V. Patients shall not smoke or chew tobacco in the wards, on the porches, 
or in the house, nor engage in any game of hazard within the Hospital or its 
inclosure. 

VI. Patients shall not leave the hospital-inclosure under any pretext 
whatever, except in very urgent and necessitous cases, of which the superin- 
tendent must be the judge, and under no circumstance without his or her 
permit or consent, on pain of dismissal. 

VII. No patient shall enter the kitchens, servants’ or officers’ apartments, 
under any pretext whatever, unless by order of the superintendent. 


CHA'RITIES AND CORRECTIONS. iE 


the said Almshouse, notwithstanding any claim or inter- 
ference by their parents or friends, who may have allowed 
them so to become chargeable on the public; and such 
apprenticeship shall contain the covenants, and be 
enforced in like manner by the said guardians as is 
provided by law in like cases of apprenticing by the 
County courts. 


VIII. Male patients shall not go into the female wards or apartments, nor 
female patients into the male wards or apartments, unless by permission of 
the superintendent, upon pain of instant dismissal. 

IX. Convalescents who are declared able by the medical officers of the 
institution, may be put to such, labor as the superintendent may direct ; 
Provided, however, that patients who can not read well shall not be employed 
to nurse or wait on the sick, but may be employed in cleaning and other 
suitable work. Patients detailed to wait on pay patients, shall make no 
charge for such service, but may receive such gratuity as may be offered 
them. 

X. Patients shall not deviate in their diet and drink from a strict adherence 
to the prescription of the medical attendants. 

XJ. No patient shall quarrel with another, or with the nurse, or use 
provoking words, gestures, or menaces, or obscene or indelicate or profane 
language, or bear tales, nor shall they conduct themselves in any manner that 
will tend to destroy the peace and harmony of the institution. 


XII. All patients shall be cleanly in their person and clothing, and shall 
wash their faces and hands and comb their hair before breakfast each day, 
and those unable to perform this duty shall have it done for them by persons 
appointed from among the convalescents by the nurses of their respective 
wards. 

XIII. All patients who are able to be out, shall not be allowed to lounge 
in bed or chair near it, but shall get up before breakfast and make up their 
beds, and place all things in the immediate vicinity in order. 

XIV. All patients must be in their proper places, each occupying his or 
her own bed, during the regular visits of the attending physician or surgeon, 
or, in their absence, the resident assistant. 

XY. Patients having in their possession any money or valuables, must 
deposit the same with the superintendent, who will issue a proper receipt for 
them, but is not thereby made responsible for their loss. 

XVI. Any person having been discharged for any offense, or who shall 
leave without the proper discharge by the superintendent, shall not again 
be admitted into the Hospital without a special permit from one of the 
Commissioners, and such permit shall not be given until a full investigation 

of the cause ot the discharge, or of leaving without a proper discharge, shall 
have been made by the hospitals committee. 

XVII. Any person admitted as a charity patient into this Hospital who 
has money or property to pay his or her expenses, or who has friends or 
relatives able and bound to pay, shall be charged not less than four nor more 


112 


CHARITIES AND CORRECTIONS. 


Ordinance, 
approved Mar. 


10, 1856. 


12. From and after the passage of this ordinance it 


shall be the duty of of the superintendent of the Alms- 


house and keeper of the Workhouse to make monthly 
reports of the full and entire expenses of their respective 
institutions, which reports shall embrace all salaries of 
officers then due, together with all bills created for pro- 
visions, groceries, medicines, fuel, and all other accounts 


than five dollars a week for a bed in the public wards, to be collected by the 
superintendent. 

Pay Patients.—I. Pay, or private patients will be admitted on application 
to the superintendent, upon depositing twenty dollars or giving satisfactory 
security for the payment of their dues. 

II. The charge for pay patients in this -institution shall be, for beds in 
public wards four dollars per week, for the private wards five dollars per 
week, and for private rooms from six to ten dollars per week, subject to such 
changes as may be ordered by the hospitals committee. The charges to be 
collected by the superintendent, who shall keep a special register of the 
arrival, departure, or decease of the pay patients in a book provided for 
that purpose, setting forth his receipts on that account, which shall be 
reported monthly to the hospitals committee. 

IIL. Pay patients will be allowed to choose their medical attendant from 
among the physicians and surgeons of The City. 

TV. Pay patients must deposit money or other valuables with the super- 


intendent for safe keeping. He or she will give a receipt therefor, but the | 


Hospital will in no event be responsible for any loss. 

V. On the decease of a private patient the superintendant shall give early 
notice to the relatives or friends of the deceased and retain the corpse a 
reasonable time, when, if it is not attended to by them, the superintendent 
shall cause the body to be properly interred, and collect the SEpenee incurred 
from the estate of the deceased if practicable. 

VI. In_ no instance will patients or other persons occupying private 
apartments be allowed to visit the public wards, officers’ or servants’ apart- 
ments, and when they require out-door exercise they must first obtain the 
consent of their attending physician or surgeon. 

VII. Patients in private apartments may be visited by their friends at 
suitable hours in the daytime. 

VIII. Patients obtaining medicine in the institution will be charged the 
cost price only. 


Visitors.—I. Visitors may be admitted into the wards of the Hospital by 
the superintendent of the medical officers in attendance upon the ward to be 
visited, or by the authority of a Commissioner, but in all cases with the 
knowledge and approval of the superintendent, or, in his absence from the 
premises, of the officer of the day. 

II. Visiting hours shall be from 10 to 12 A.M., and from 2 to 4 Pp. M., on 
Sundays, Mondays, and Thursdays. But persons having friends dangerously 
ill, may be admitted on other days by the superintendent, or by the medical 


‘ 
ni” ie! 


nD ee, >» 


CHARITIES AND CORRECTIONS. 


whatever, and the names of the different persons with 
whom said bills are created. 


13. The houses, inclosures, and fixtures on the Cave 
Hill Farm and all the lands onsaid Cave Hill Farm except 4 
so much thereof as-may be donated to the trustees of the 
Cave Hill Cemetery, constitute the Workhouse .of The 
City and by that name include the Pesthouse on that 


officer in attendance with the consent of the superintendent, on special per- 
mits, and religious persons who desire habitually to converse with the sick, 
may, in the discretion of the superintendent, be admitted at suitable times. 
Patients may in like manner by permission of the superintendent be visited 
by friends living more than five miles from The City. 

IIL. Visitors while in the Hospital must be quiet and orderly, and refrain 
from giving to the sick or other inmates any drinks or diet without permission 
of the medical attendant. Any visitor violating this rule must be excluded 
from the building. Visitors will be required to refrain from unfavorable 
remarks on the health or medical treatment of a patient in the presence of 
such patient. 

IV. No courtesan, nor any one in an intoxicated condition shall be allowed 
to visit the inmates of the Hospital upon any pretext whatever. Persons 
not known to the superintendent must be properly introduced by letter or 
otherwise. No female patient shall be visited by a male friend other than 
her father, brother, husband, or son, and persons not known to bear such 
relationship shall furnish satisfactory evidence of the same to the superin- 
tendent before admission. 


Clinical Lectures in the Hospital.—Il. Clinical teaching shall be confined 
to the professors of the regularly chartered and organized medical schools of 
The City of Louisville, during the months designated by the Board of 
Commissioners of Public Charities, and to other members of the staff the 
remainder of the year, by special agreement with the hospitals committee, 
and satisfactory provisions for medical attendance upon the wards during 
such time. 

II. Clinical teaching will not be allowed in the wards of the Hospital, but 
must be confined to the amphitheater alone. 

III. No patient of this Hospital shall be the subject of a sittont lecture 
against his or her consent, nor shall a female undergo any examination before 
medical students without her consent. 

LV. Students of medicine are not allowed to visit the wards of this 
Hospital for the purpose of receiving clinical instructions from any one. 

V. Students of medicine and all other persons, while in the presence of 
the sick, are required to conduct themselves in a quiet and decorous manner, 
‘and any person departing from this rule shall be excluded from this 
institution, . 

VI. The price of tickets for the clinical lectures in this Hospital shall be 
five dollars for each student for one course of lectures in one school during 
the session, and must, under all circumstances, be shown at the door of the 

8 


118 


Ordinanee, 
approv ed Nov. 
Er 1854. 


114 


CHARITIES AND CORRECTIONS. 


Ordinance, 
approved May 
12, 1854. 


tract of land. All persons whom The City is bound to 
maintain when committed to the Jail of Jefferson County, 
shall be committed to and confined or kept at labor in 
said Workhouse. Poor persons of bad repute may be 
sent to the said Workhouse, and persons’ diseased with 
small-pox or other contagious disease, shall be sent to 
the said Pesthouse under order from the City Judge, or 
the Mayor, or the chairman of the committee on Work- 
house in each board of the General Council. 


14, A keeper of the Workhouse shall be elected every 
October by the Council.? He shall have the superin- 
tendence of the Workhouse, shall keep regular account- 
books, in which the Workhouse shall be charged with 
the cost of provisions, medicine, clothing, and all other 
things necessary for its support, and shall be credited by 
all sums appropriated by the Council for its support, and 
otherwise received. He shall collect all that may be 
due to it, and every two weeks pay into the treasury all - 
money received by him, taking the Treasurer’s receipt, 
which he shall file with the Auditor. The keeper shall 
reside in the residence at the Workhouse, and have care of 
the Workhouse, grounds, and property, and of all persons 


amphitheater before entering. They are not transferable, and will be for- 
feited and taken up whenever presented by any one except the person whose 
name they bear. They must be obtained from the clerk of the Board of 
Commissioners, who shall immediately pay all money received for the same 
into the City treasury, taking a receipt for the same; this receipt to accom- 
pany his monthly hospital report to this Board. 

VII. Any medical school which does not encourage attendance upon 
clinical lectures in this Hospital may be excluded from the privileges of the 
Hospital. 

VIII. The ten months set apart for clinical teaching in the Hospital shall 
be divided between the winter andsummer schools as follows: The months of 
September, October, November, December, and January shall be allotted to 
the University of Louisville and the Louisville Medical College; and the 
months of February, March, April, May, and June shall be allotted to the 
Hospital Medical College and the Kentucky School of Medicine. 


8The Louisville City Workhouse is now under the control and manage- 
ment of the Board of Commissioners of Public Charities, but the old 
law governing the institution is presumed to be still in force in so far as it does 
not conflict with the present City charter and its amendments. 


CHARITI#£85 AND CORRECTIONS. 


EID 


there confined; he shall daily visit all the apartments 
and keep them clean and in good order, and shall superin- 
tend the custody and employment of the prisoners. With 
the consent of the Council he shall employ a suitable 
person as day-guard, who shall guard the prisoners at 
work, prevent escapes, and do such other duties as the 
keeper may assign him. In like manner, the keeper 
shall appoint a night-guard, who shall watch the houses, 
visit the sleeping apartments through the night, and pre- 
vent escapes. He shall attend the City Court every day 
and convey prisoners to and. from the Workhouse. The 
keeper of the Workhouse shall keep a record-book of 
commitments and discharges of prisoners, registering 
name, age, height, color, birth-place, whether bond or 
free,. offenses for which committed, and other proper 
facts. He shall keep the prisoners at some healthful em- 
ployment twelve hours a day in.April, May, June, July, 
August, and September, and ten hours a day during the 
remainder of the year. Any prisoner who shall behave 
in a riotous or disorderly manner, or refuse to work, or to 
obey the orders of the keeper or other officers there, or 
shall attempt to escape, may be committed to close and 
solitary confinement, or, if necessary, be put in irons by 
order of the keeper, but shall not be cruelly treated. 
Whenever a prisoner escapes, the keeper shall notify the 
Mayor immediately, and furnish him with a description 
of the fugitive. He shall report monthly to the Mayor 
the commitments, discharges, and persons remaining. 
His report shall show the work performed, and by whom, 
each month, and the average expense per diem of each 
prisoner. All prisoners shall be confined within the 
inclosure, and no communication shall be allowed with 
prisoners except on a written or personal permit from 
the Mayor, Judge, Attorney, or Marshal. He shall 
remove from the Workhouse to the Hospital all prisoners 
who are sick and unable to work, and shall cause the 
physician to be sent for, and see that proper nursing an! 
care be given. Every year, and oftener if required, he 


116 


Ordinance, 
approved Nov. 
17, 1853. 


Ordinance, 
approved July 
24, 1857. 


Ordinance, 
approved June 
9, 1860. 


CHARITIES AND CORRECTIONS. 


shall report to the Council at large all material transac- 
tions of the past year as appearing on his books and 
otherwise touching the Workhouse; and the books, 
Workhouse and premises shall always be open to inspec- 
tion by the Mayor, City Judge, and General Council, or 
any member of either branch thereof. 


15. The keeper of the Workhouse shall, once in each 
month, on a day and in a form prescribed by the Auditor, 
present to him a statement of all the expenses incurred 
during the month on account of the Workhouse, the 
name of each person to whom money is due, for what, 
and to what amount, which statement shall be examined 
by the Auditor, and with his opinion thereof, certitied to 
the Council, and if the Council shall approve and order 
payment, the Auditor shall draw his warrant in favor of 
each person for the amount allowed him thereon; taking 
his receipt and charging the same to the proper head of 
expenditure. | 

16. The Mayor and workhouse committee are hereby 
authorized to sell stone to all persons wishing to purchase 
from said quarry; all contracts made by said parties to 
come before the General Council for confirmation, and 
all ordinances or resolutions contrary to this are hereby 
repealed. 


17. The superintendent of the Workhouse, with the 
consent of the workhouse committee, is hereby authorized 
toemploy a quarryman at a salary not exceeding five hun- 
dred dollars per annwm, payable monthly, who shall be 
subject to the orders of said superintendent and removable 
by him at pleasure. It shall be the duty of said quarry- 
man to superintend the blasting and quarrying of rock 
at the workhouse quarry; to keep and report to the 
superintendent the time of each hand employed in the 
quarry; to keep a correct account of the stone quarried 
and sold daily, as well as that furnished the City Street 
Inspectors, and report the same, and all transactions at 
the quarry,each day to the superintendent. He shall have 
the control and management of those at work in the 


CHARITIES AND CORRECTIONS. 


quarry, and perform such other duties as the super- 
intendent may direct or the General Council may by ordi- 
nance prescribe. The superintendent shall report to the 
General Council the name of the quarryman by him 
appointed, the time of his appointment, and the 
compensation to be paid him. 


18. William F. Bullock, Henry Pirtle, John Joyes, 
Edward Garland, William 8. Bodley, Jas. 8. Speed, M. 
Cody, Curran Pope, William F. Pettit, William C. Brooks, 
William Garnett, Samuel Forwood, William Kendrick, 
B. M. Patton, L. L. Lurton, Managers of the Louisville 
House of Refuge, and their successors in office, regularly 
appointed as hereinafter provided, are hereby consti- 
tuted a body corporate and politic, by the name of The 
Board of Managers of the Louisville House of Refuge, 
and by that name they shall have perpetual succession, 
and be in law capable of suing and being sued, defending 
and being defended in all courts and places, and in all 
manner of actions and causes whatsoever, and may have 
a common seal, and change the same at their pleasure; 
and shall be capable in law, by that name and style, of 
purchasing, holding, and conveying any estate, real or per- 
sonal, for the use of said corporation; Provided, that the 
annual income or revenues from such real estate shall 
never exceed ten thousand dollars, and shall not be applied 
to any other purposes than those for which this corpora- 
tion is formed; and, provided further, that none of the 
property of this institution shall be subject to State or 
City taxation. 

19. The number of fifteen Managers shall be elected 
biennially; eight to be chosen by the General Council of 
The City of Louisville, and seven by such individuals as 
may have contributed to the establishment and mainten- 
ance of the House of Refuge fifty dollars at any one time, 
or five dollars annually for twelve years, or five dollars 
for the year-in which the election may take place; 
Provided that, should the legislature of Kentucky 
determine to appropriate annually for the benefit of said 


An act to in- 
corporate the 
Board of Man- 
agers Of tbe 
Louisville 
House of Ref- 
uge. Approy- 
ed March 9, 
1854. 


118 


CHARITIES AND CORRECTIONS. 


House of Refuge, a sum equal to the amount appropri- 
ated for the same purpose by the General Council of The 
City of Louisville, then the Board of Managers shall 
be elected in the following proportions: five by the 
legislature of Kentucky, five by the General Council of 
The City of Louisville, and five by the individual contrib- 
utors above referred to; provided further, that the Board 
of Managers shall give notice in at least three of the 
papers of The City of Louisville of the time and place of 
the election of the Managers to be chosen by the individual 
contributors. | 


20, The Board of Managers shall have power to fill all 
vacancies that may occur from the death, resignation, or 
removal of any of its members until the time of the 
regular biennial election, and if the election shall fail to 
take place at the regular time, the corporation shall not 
thereby be dissolved, but the members of said Board shall 
continue in office until a new election; Provided, further, 
that no person shall be eligible to election as a member of 
the Board unless he be a resident of The City of Louisville, 
or of Jefferson County, and no member of the Board shall 
receive any compensation for his services. 

21. The Board of Managers shall have power, at their 
discretion, to receive into and keep in the House of 
Refuge, which they are hereby empowered to establish, 
any boy not over sixteen, or any girl not over fifteen years 
of age, being a resident of The City of Louisville, who 
may be committed by any judge or magistrate having 
jurisdiction, or any parent or guardian resident in said 
City; and said Board of Managers may, at their discretion, 
receive boys and girls committed by judges, magistrates, 
parents, and guardians of other cities, towns, and counties 
of this commonwealth; Provided, said cities, towns, 
counties, parents, and guardians make adequate provision 
for bearing the expense of keeping and teaching said 
boys and girls. 

22, The Board of Managers of the House of Refuge 
shall have power to employ the children committed to 


CHARITIES AND CORRECTIONS. 


their care in such a way, and in such kinds of business, 
and have them instructed in such branches of useful 
knowledge as may be suitable to their years and capacity; 
and they shall have power, in their discretion, to bind 
out the said children as apprentices to such persons, and 
at such places, to learn such proper trades and employ- 
ments as in their judgment will be most conducive to the 
reformation and amendment, and will tend to the future 
benefit and advantage of said children; provided, further, 
that the Board of Managers may at any time discharge 
any inmate from the institution, but shall not have 
authority either to retain in the house or bind out any 
girl after she is eighteen years of age, nor any boy after 
he is twenty-one years of age; and, provided further, 
that the Board of Managers shall at all times permit the 
institution and children to be visited by the Governor of 
Kentucky and members of the State legislature, the 
judges of the different courts of Kentucky, and the 
Mayor and General Council of The City of Louisville. 


23. The said Managers of the House of Refuge, under 
this act, may from time to time make by-laws, ordinances, 
and regulations relative to the management, government, 
instruction, discipline, employment and disposition of 
the said children while in the said House of Refuge not 
contrary to law, as they may deem proper, and may 
appoint such officers, agents, and servants as they 
may deem necessary to transact the business of the 
said corporation, and may designate their duties;4 


*The rules and regulations governing the Louisville House of Refuge, 
adopted by the Board of Managers, and in force July 1, 1884, are the 
following: 

Article I. Organization of the Board; Meetings; Officers, etc:—(1) Five 
members shall be necessary to form a quorum of the Board of Managers for 
the transaction of business. In cases where a less number are in attendance 
the meeting may be adjourned for the purpose of procuring the attendance 
of a quorum. (2) The annual meeting of the Board shall be held in the 
month of January, at the office of the Water Company, or such other place 
as the Board of Managers may designate; and other stated meetings on the 
first Tuesday of each month, unless otherwise ordered by said Board of Mana- 
gers. (3) Special meetings of the Board may be called by the president or 


119 


120 


CHARITIES AND CORRECTIONS. 


and, further, that the said Managers shall report to 
the legislature of this commonwealth, at each of its 
biennial sessions, the number of children received by 
them into the said House of Refuge, the disposition which 
shall have been made of said children by instructing or 
employing them in the said house, or by binding them 


by the secretary at any time, on the request of any three Managers, by notice 
given personally or through the postoffice, and adjourned meetings may be 
held whenever deemed necessary. (4) Any member of the Board of Mana- 
gers failing to attend two successive regular meetings without good reason, 
on notice to such delinquent the Board of Managers may declare his seat 
vacant, and order an election to fill the vacancy. (5) The officers of the 
Board of Managers shall be a president, vice-president, a secretary and 
treasurer, who shall severally be elected by ballot at the first regular meeting 
of the Board after their election by the General Council, and shall hold their 
offices for one year, or until others shall have been elected. 

Art. II. President and Vice-President.— (1) The president shall preside at all 
meetings of the Board, and is ex-officio chairman of all committees. (2) It shall 
be his duty to draw upon the Treasurer of the The City, at such times and in 
such sums as the Board shall direct, for all moneys appropriated by The City | 
of Louisville for the House of Refuge, and cause the same to be deposited to 
the credit of the 
(3) In case of the death, absence, or inability of the president, the vice- 
president shall discharge the duties of the president. 

Art. III, Secretary. (1) The secretary shall keep accurate minutes of the 
transactions of the Board in a book to be provided for that purpose, to which 
the members of the Board shall have access at all reasonable times. (2) He, 
shall record at full length, in a separate book for the purpose, all the regula- 
tions and by-laws passed by the Board of Managers, to which the members 
of the Board and the officers of the House of Refuge shall at all reasonable 
times have access. (8) He shall file and preserve all papers relating to 
applications for appointment to office, and other business relating to the 
Board, and shall allow the members of the Board to have free access to them 
at all reasonable times. (4) He shall be ex-officio a member of the ‘acting 
committee, and shall keep a regular entry of its doings in a book for that 
purpose, and shall allow the members of the committee and of the Board to 
have free access to it at all reasonable times. 

Art. IV. Treasurer.—(1) The treasurer shall collect all moneys due the 
institution, and shall have the charge of and be responsible for all moneys 


in some safe bank in The City of Louisville. 


belonging to it, from whatever source derived, and shall deposit them to the 
credit of the Board of Managers of the House of Refuge, in such bank in 
The City of Louisville as the Board of Managers may direct. (2) He shall 
pay all demands against the. institution when properly audited, by drawing 
on the bank having such moneys on deposit, his cheque to be countersigned 
by the president of the Board before the same shall be cashed at the counter 
of said bank where said deposit shall be held. (8) He shall keep a book in 
which all moneys deposited to the credit of the institution, and which may 


CHARITIES AND CORRECTIONS. 


out as apprentices, the receipts and expenditures of said 
Managers, and generally all such facts and particulars as 
may tend to exhibit the effects, whether beneficial or 
otherwise, of said institution. And the right to alter, 
amend, or repeal this act is hereby reserved on the part 
of the General Assembly of this commonwealth. 


otherwise come into his hands, shall be deposited, and in which shall be 
eredited all moneys which shall have been properly disbursed by him. (4) 
The treasurer’s books shall at all reasonable times be opened to the inspection 
of the members of the Board. (5) He shall execute to the Board of Mana- 
gers a covenant, with security, for the faithful discharge of his duties as 
treasurer, and for the payment to his successor of the balance which may be 
found in his hands at the expiration of his term of office. (6) At the June 
meeting of the Board in each year there shall be a committee appointed, to 
be called the auditing committee, whose special duty it shall be to examine 
the books and audit the accounts of the treasurer and superintendent, with 
a view to the annual report to the legislature and General Council of The 
City of Louisville. | 

Art. V. Acting Committee —(1) There shall be a committee of the Board 
of Managers styled the acting committee, consisting of three members, each 
of whom shall hold his office for one year, and untilanother shall be appointed 
to fill his place, and the secretary of the Board shall be secretary of said 
committee. (2) The acting committee shall possess and exercise all the 
executive and supervisory powers of the Board of Managers, subject to such 
regulations and instructions as may be made and given from time to time by 
the Board. (3) The acting committee shall meet semi-monthly, and oftener 
if necessary, and shall keep a record of their proceedings in a book for that 
purpose, which shall be submitted to the Board of Managers at each stated 
meeting. 

Art. VI. Visiting Committee—(1) There shall be a committee of the 
Board styled the visiting committee, consisting of three members, to be 
appointed by the president. (2) It shall be the duty of the visiting com- 
mittee to visit the House of Refuge in a body, monthly, and as much oftener 
as necessity may require, and of its individual members, as often as their 
- convenience may permit, and acquaint themselves with the condition of the 
buildings and grounds, with the manner in which the resident officers 
discharge their duties, and with the conduct of the delinquents. They shall 
record the result of their examinations in a book for the purpose, which shall 
be laid before the Board at each stated meeting. (3). They shall also, from 
time to time, recommend to the Board such regulations as they shall deem 
necessary for the advancement of the interests and objects of the institution 
in its several departments. 

Art. VII. Discharging Committee-—(1) There shall be a committee of the 
Board of Managers styled the discharging committee, which shall consist 
of three members, to be appointed by the president. (2) It shall be the 
duty of the discharging committee to inquire into the history, character, 


and condition of the delinquents in reference to the propriety of discharging 
. 


122 


CHARITIES AND CORRECTIONS. 


An act to 
amend an act 
to incorporate 
the Board oft 
Managers of 
the Louisville 
House of Ref- 
uge. Approv- 
ed March 8, 
1860. 


24, The day for the biennial election of the Managers 
of the Louisville House of Refuge shall be the first Satur- 
day of May, in the year 1860, and every second year 
afterwards. 


25. In all cases in which the Jefferson Circuit Court 
or the City Court of Louisville are now, or shall hereafter 


them, and report to the Board of Managers the names of such as in their 
judgment have remained in confinement a sufficient length of time, with the 
reasons in brief upon which their judgment is founded. (3) The committee 
shall also examine into the character, occupation, and residence of every 
person who may propose to take a delinquent to apprenticeship or service, and 
if in their judgment the applicant be a suitable person to take charge of a 
delinquent, they shall make an order, authorizing the superintendent to cause 
the proper indentures to be executed. (4) All indentures shall require the 
person who may propose to take a delinquent, to report to the superintendent 
the condition of the apprentice, together with his conduct; and on a failure 
of such report being made for two successive months, the Board of Managers 
may direct said indentures to be canceled, and receive said delinquent again 
into the House of Refuge. (5) Any member of the discharging committee 
may, in ordinary cases, exercise the powers herein given to the committee 
at large. 

Art. VIII. School Committee.—(1) There shall be a committee of the 
Board of Managers, styled the school committee, which shall consist of three 
members to be appointed by the president at each annual meeting of the 
Board, whose duty it shall be to acquaint themselves with the condition of 
schools, both in respect to the studies*pursued, the progress made by the 
pupils, and the discipline and order maintained therein, and for the purpose 
to visit the schools as soon as may be after their appointment, and as often at 
least as once in three months afterward during their term of office. (2) It shall 
be their duty, from time to time, with the concurrence of the superintendent 
to give such directions in respect to the management and improvement of 
the school and the advancement of the pupils as seem, in their judgment, 
to be called for. (3) They shall also have power to purchase suitable maps 
and apparatus of illustration. 

Art. LX. Officers of the House of Refuge; Their Tenure of Office; Mode of 
Appointment and Removal, and Duties— (1) The officers of the House of 
Refuge shall be a superintendent and one or more assistants; a teacher and one 
or more assistants; one engineer; one physician, and such other officers as 
the Board of Managers may appoint from time to time, as may be required, 
who shall hold their offices during the pleasure of the Board. (2) Such 
general officers shall be elected by ballot at the annual, or at a stated meeting 
of the Board. (8) The mode of appointment shall be as follows: the 
members of the Board shall openly nominate such person or persons as they 
may think fit for the office which is about to be filled. (4) The president of 
the Board of Managers shall nominate all assistant officers to the Board of 
Managers, who may confirm or reject the same. (5) The president and 


CHARITIES AND CORRECTIONS. 


be empowered to render sentence of imprisonment in the 
Penitentiary or the County Jail, or in the City Work- 
house, against any person convicted in either of said 
courts, who is a male under sixteen or a female under 
fifteen years of age, and who is a resident of Louisville, 
it shall be lawful for either of said courts, at their 


acting committee may provide temporarily for such vacancies as may occur 
in the offices of the House of Refuge. (6) It shall be the duty of all the 
officers of the House of Refuge, except the physician, to remain constantly at 
the House of Refuge, and none of the subordinate officers shall leave 
without the permission of the superintendent. (7) All the subordinate 
officers shall act as aids to the superintendent in preserving order among the 
delinquents; they shall also perform such other services as shall be required 
of them from time to time by the superintendent. 

Superintendent and Assistants——(1). It shall be the duty of the superin- 
tendent to take charge of the House of Refuge, to see the subordinate officers 
are punctual and faithful in the discharge of their duties, and that the 
regulations of the institution are carefully observed. (2) He shall enter on 
books, to be provided for the purpose, the name and age of every delinquent, 
with a brief description of his person, the time when he was received, the 
place from which he was sent, the delinquency for which he was com- 
mitted, and the time when he was discharged; and if apprenticed or put to 
service, the name and place of residence of the person to whom he was 
apprenticed or put to service; and in case of death, the time and cause of his 
death, together with such other facts relating to his history as he may think 
worthy of preservation. (8) He shall keep a journal, in which he shall 
record daily everything worthy of notice, which shall be submitted to the 
Board at its stated meetings. (4) He shall, under the direction and advice 
of the acting committee, procure the necessary supplies of the House of 
Refuge, shall purchase such materials as may be wanted for the employment 
of the delinquents, and dispose of the articles manufactured by them, and of 
such of the products of the farm as are not wanted for use. (5) In case the 
Board shall provide employment for the inmates, on account of the institu- 
tion, he shall keep an account of purchases of material, and the cost of 
delivering the same at the House of Refuge, and all moneys received for 
manufactured articles and products sold. (6) He shall keep an accurate 
account of the current expenses of the institution. He shall also, on the 
first day of January in each year, submit a report in writing to the Board of 
Managers containing the name.of every delinquent over sixteen years of 
age who shall then have been in the House for more than two years without 
being reformed as in his judgment to be a fit subject for discharge, or being 
apprenticed or put to service. (7) He shall in person inspect daily every 
part of the House of Refuge, and have a watchful care over the subordinate 
officers and all inmates of the House of Refuge. (8) It shall be his duty 
especially to see that visitors are not admitted at improper times, and that 
no clandestine correspondence is carried on betwen them and the delinquents. 
(9) He shall be responsible for proper discipline of the delinquents, and may 


123 


124 


\ 


CHARITIES AND CORRECTI( NS. 


discretion, in lieu of the punishment aforesaid, to order 
the commitment of such juvenile offender to the Louis- 
ville House of Refuge whenever the same shall be prepared 
for the receiving of such offenders. If such conviction 
be had in the Circuit Court for Jefferson County, the 
offender, if a male, may be committed to said House of 
Refuge until he is twenty-one years of age; orif a female, 
until she is eighteen years of age. If such conviction 
shall be had in the City Court of Louisville, the offender 
may be committed to the House of Refuge for the first 
offense for a term not exceeding one year; for the second 
offense, if amale, for sucha space of time until he arrives 
at twenty-one years of age; and if a female, for such a 
space of time until she arrives at eighteen years of age. 
26. Any male under sixteen or female under fifteen 
years of age, being a resident of The City of Louisville, 
who shall be guilty of such vicious or immoral conduct 
and idle or mischievous courses, as shows them to be 
beyond the proper control of their parents or guardians, 


at any time discharge any of the subordinate officers. (10) He shall not be 
absent from the House of Refuge for a day, unless in case of emergency, 
without permission of the president or acting committee. (11) The assistant 
superintendent shall aid the superintendent, under his direction, in the 
discharge of his duties, and in case of his death, absence, or inability, shall 
fill the place for the time being. 

Teacher and Assistants—(1) The teacher and assistant teachers shall’ have 
charge of the delinquents during the hours appropriated for study, and shall 
be responsible for their conduct while under their direction. They shall also 
impart to them, from time to time, as well upon the week days as upon the 
Sabbath, suitable moral instruction, with a view to inspire them with correct 
principles of action, and improve their habits. (2) The teacher shall also 
act as librarian, and shall keep a regular list of the books and maps belonging 
to the library; all to be under the control of the superintendent. 

Physician.—(1) The physician shall visit the House of Refuge, and inspect 
the delinquents, with a view to ascertain the state of their health, every day 
in the week, excepting on the Sabbath, and on that day when sent for, 
and shall make such suggestions to the superintendent as he shall think need- 
ful in regard to the delinquents, and the best method of preventing disease. (2) 
He shall attend promptly all calls in cases of! sickness, and shall repeat 
his visits as often as the superintendent shall think needful. 

Art. X. Amendments.—Any of the foregoing rules may be altered or 


amended, upon notice given in writing at one stated meeting previous to the 


change being made. 


CHARITIES AND CORRECTIONS. 


125 


and that their future welfare requires that they be placed 
in said House of Refuge, may, on the petition of his or 
her parent or guardian, filed in the City Court of Louis- 
ville, verified by the affidavit of the petitioner, and on 
satisfactory proof to said Court of those facts, be placed 
in said House of Refuge, there to remain, if a male, until 
twenty-one years of age; if afemale, until eighteen years 
of age, unless sooner discharged. 


27. Any such offender, described in the preceditig Sec- 
tions, who has been duly convicted of any penal offense 
within said City, or by the judgment of a court therein 
has been sentenced to imprisonment or to pay a fine, may, 
and shall, on due proof of said facts, and on satisfactory 
proof that such offender is of the vicious and idle char- 
acter and is beyond the control of his or her parent or 
guardian, be committed to said House of Refuge by the 
Louisville City Court, there to remain as provided in the 
preceding Section. 


28. Where any young offender, a resident of The City 
of Louisville, as described in either of the two preceding 
Sections, shall be arrested and brought before any officer 
having the power to commit a child to said House of 
Refuge charged with any crime or misdemeanor, such 
person shall be entitled to and shall have a private ex- 
amination and trial, to which only the parties to the case 
and the witnesses testifying shall be present, unless the 
parent, guardian, or person having charge of said child 
shall demand a public trial; and the officer before whom 
said trial shall be held shall ascertain from the witnesses, 
and shall state in the commitment the religious per- 
suasion of the child, or, if too young, of its parents; and 
no child committed to the House of Refuge shall be 
apprenticed by the Board of Managers to a person of 
different religious persuasion from that stated in the 
commitment, unless consented to in writing by the parent 
or guardian, or person having charge of said child. If the 
parent, guardian, or person having charge of said child 
shall be shown to be a person incompetent and of such 


126 


CHARITIES AND CORRECTIONS. 


habits as disqualify him or her to properly control or man- 
age his or her child or children, then the written consent 
herein required to bind out said child or children shall 
not be necessary. The fact of this incapacity shall be 
determined by a jury upon due and satisfactory proof, 
and stated in the commitment; but no parent shall be 
adjudged to be disqualified unless duly summoned to 
appear before said Court, and reasonable time allowed 
him or her to procure the attendance of witnesses. 


29. No commitment shall be ordered unless the parent, 
gcuardian, or the person having the charge of said child, 
provided there be a parent, guardian, or person having 
the charge of said child, a resident of The City of Louis- 
ville, shall have actual or constructive notice of the 
arrest of said child; and reasonable time shall be allowed 
for the procurement of witnesses and their attendance at 
the trial, nor for a longer term than is provided for in the 
third Section of this amendment. 


30. In all cases where commitments are had in the 
City Court an appeal may be taken to the Jefferson 
County Court in ten days after said commitment by the 
parent, guardian, or person having charge of said child; 
and if no parent, guardian, or person having the charge 
of said child, then the next friend of said child; or 
at any time within six months after the date of said 
commitment, if the parent, guardian, or person having 
charge of said child, did not have actual notice of 
the time and place of the examination or trial; such 
appeal shall be perfected by filing in the Clerk’s office 
of the County Court for Jefferson County an affidavit 
of the child, or its parent, guardian, or person who 
had the same in charge, or by the next friend of said 
child, within the times prescribed above; and if the 
affidavit be not filed within ten days after the commit- 
ment, it must state that it was made within twenty days 
after the knowledge came to the affiant, or show good 
cause why it was not made within said twenty days; 
and every such affidavit shall state that the appeal 


CHARITIES AND CORRECTIONS. 


127 


is not prosecuted for vexation or delay, but because he 
or she is aggrieved by the judgment rendered therein; 
upon the filing of the affidavit aforesaid with the Clerk 
of the County Court for Jefferson County, said Clerk 
shall issue a summons commanding the Clerk of the City 
Court to proceed .and file in his office all the papers 
pertaining to the case, and then the County Court shall 
proceed to try the case as other appeals are tried in said 
court. 


31. When any commitment shall be had, a certified 
copy of the record relating to said commitment, the cause 
of the same, efc., shall be filed with the secretary of the 
Board of Managers, and by him preserved as an official 
paper. 


32. No child committed to said House of Refuge shall 
be apprenticed nor employed by the Board of Managers 
for said House out of the State of Kentucky. 


33. After said Board of Managers shall apprentice any 
child committed to the House of Refuge, the County 
Court of Jefferson County shall have full power and 
authority to determine all controversies arising between 
the apprentice and master, as in other cases provided in 
the Revised Statutes. 


34. A child committed to the House of Refuge may be 
discharged by the Governor of Kentucky, and any such 
officer or person as may be empowered by the by-laws of 
the institution. 


35. Where a child shall be committed to the House of 
Refuge upon the petition of the parent, guardian, or 
person having the same in charge, as provided herein, 
the parent, guardian, or person having the same in 
charge, shall, if they have sufficient means, pay to the 
Managers of said House of Refuge a sum sufficient to pay 
the charges for the support and maintenance of said 
child while in said House of Refuge, not) exceeding 
twelve dollars for each month. 


36. The ministers of all religious denominations shall 


CHARITIES AND CORRECTIONS. 


An het tro 
amend the 
charter of the 
House of Ret- 
uge. Approv- 
ed Jan.27, 1866. 


be privileged to visit the inmates of said House of Refuge 
at any time between the hours of 9 o’clocck A.M. and 
4 o'clock P.M. 


37. No other courts but the Circuit Court of Jefferson 
County, the City Court of Louisville, and the County 
Court for Jefferson County, as provided herein, are em- 
powered to commit to said House of Refuge; and 
all acts or parts of acts in conflict with the provisions of 
this act are hereby repealed. 


38. The number of Managers for said House of Refuge 
shall be‘nine only, who shall be chosen and elected by 
the Genera] Council of The City of Louisville in the 
mouth of May, 1866, who, after their election, shall 
decide by lot so that three of said Managers shall hold 
office one year, three for two years, and three for three 
years; and each succeeding year three Managers shall be 
elected as aforesaid. A majority of said members shall 


constitute a quorum for the purpose of transacting all 


business appertaining to said institution. 


39. For the purpose of carrying on and sustaining said 
institution, the General Council of The City of Louis- 
ville shall have the power, by ordinance or resolution, to 
levy and collect, as other taxes in said City are levied and 
collected, a tax of nat exceeding five cents on the one © 
hundred dollars on all the real and personal estate in 
said City, in each year, which is subject to municipal 
taxation. 


40. The Judge of the City Court of The City of Louis- 
ville shall have the jurisdiction and power, when there 
are presented to him boys under the age of eighteen 
vears and girls under the age of sixteen years, resi- 
dents of said City, to hear and determine their cases, 
and, upon satisfactory proof of such vicious and immoral 
conduct and habits as he may think shall warrant the 
same, he shall make an order of court confining in said 
House of Refuge the said boys until they are respectively 
twenty-one years, and the girls until they are eighteen 


CHARITIES AND CORRECTIONS. 


years old. And the said Judge shall have no power to 
release any of said persons so confined after ten days 
shall have expired after the order of commitment. But 
at the time of commitment, or within ten days thereafter, 
any parent, guardian, or next friend may, upon applica- 
tion to said Court, by executing bond with good security 
to the commonwealth of Kentucky in a sum to be deter- 
mined by said Court for the good behavior of said child, 
have him or her, so ordered to be committed, released. 


41, The Judge of said Court shall have jurisdiction to 
forfeit said bonds and to enforce the collection of his 
judgment of forfeiture as in other cases of forfeiture of 
bail-bonds or recognizances in said court; and all such 
forfeitures shall be paid to The City of Louisville and 
applied by the General Council toward sustaining said 
House of Refuge. 


42. The charter and amended charters are so amended 
that the courts shall have no power to commit to said 
House boys who are over the age of sixteen years nor 
under the age of seven years old. It shall be the duty 
of the courts to certify the age of said boy in the order 
of commitment. 


43. The members of the Board of Managers of the 
House of Refuge shall be exempt and free from service 
as jurors in the commonwealth from and after this date. 


44, Any person who shall aid, assist, or abet any male 
or female to escape from the Louisville House of Refuge, 
or shall harbor or conceal such persons knowing them to 
have escaped, shall, on conviction, be fined not less than 
one hundred dollars, or confined in the County Jail not 
less than thirty days, or both, at the discretion of the jury. 


45. The land belonging to The City of Louisville, known 
as the ‘‘Oakland Cemetery,’ is hereby donated, set over, 
and dedicated to the use of the Louisville House of 
Refuge, as provided in this ordinance. When the Board 
of Managers of the Louisville House of Refuge shall have 


procured lots in Cave Hill Cemetery, and shall have 
9 


An act to 
amend the 
charter of the 
Louisville 
House of Ref- 
uge. Approved 
Jan. 31, 1867. 


An act ex- 
empting the 
Board of Man- 
agers of the 
House of Ref- 
uge from serv- 
ing on juries. 
Approved Feb. 
27, 1867. 


An act in re- 
lation tothe 
punishment of 
persons aiding 
in the escape of 
inmates from 
the Louisville 
House of Ref- 
uge. Approved 
Mar. 29, 1878. 


Ordinance, 
approved Mar. 
27, 1860. 


130 


CHARITIES AND CORRECTIONS. 


disinterred all the persons now buried in Oakland. 


Cemetery and shall have reinterred them in Cave Hill 
Cemetery an shall have satisfied all persons owning 
lots in Oakland Cemetery, the Mayor is hereby author- 
ized and directed, and for and in the name of The 
City of Louisville, to make a conveyance of said land 
to the president and Board of Managers of the Louisville 
House of Refuge and their successors in office, to be by 
them held for the exclusive use and benefit of said 
House of Refuge, except as further provided in this 
ordinance. The Board of Managers of said Louisville 
House of Refuge, as a consideration for setting over to 
them the land aforesaid, shall set apart and lay out not 
less than forty acres of said land in one body, and with 
the means they have, ornament and embellish it for a pub- 
lic park, and assist to open, grade and pave; or gravel 
an avenue sixty feet wide from The City to said park, by 
extending such street as the said Board of Managers may 
think most advisable, but the whole grant shall be under 
the exclusive patrol and government of the Board of 
Managers of said institution. Should the object of the 
incorporation of the said Board of Managers of the Louis- 
ville House of Refuge not be carried out, or should it be 
necessary to change the location of said institution from 
the land hereby donated, then said land shall revert to 
The City. The Board of Managers shall not at any time 
apply for or accept any amendments to their charter from 
the legislature of Kentucky without first submitting and 
having the proposed amendment approved by the General 
Council. The General Council reserves’ the right to pass 
all such ordinances as they may deem necessary for the 
good government of said House of Refuge, and the park 
thereunto attached, which are not inconsistent with the 
constitution and laws of the State. The Board of Mana- 
gers shall not bind out any child to any person whatever 
without the consent of said child. Upon a violation 
of any of the provisions of this ordinance the land and 
improvements shall revert to The City. | 


CHARITIES AND CORRECTIONS. 


131 


46. The Managers of the House of Refuge are hereby 
authorized and empowered to sell so much of the House of 
Refuge tract of land as is situated west of the National 
Turnpike Road, or west of the line of the Louisville and 
Nashville Railroad. 


47. So much of the ordinance and of the agreement in 
pursuance thereof as requires the Board of Managers of 
the Louisville House of Refuge to set apart and lay out 
not less than forty acres of the land conveyed by The 
City of Louisville to the president and Board of Managers 


of the Louisville House of Refuge and their successors,. 


and to ornament and embellish it for a public park, 
is hereby repealed; and the ground so set apart for a 
public park is hereby placed under the management 
and control of the president and Board of Managers 
aforesaid, to be converted and used for farming or 
gardening purposes, and cultivated by the inmates of 
the House of Refuge. But the General Council reserves 
the right to pass and enforce all such ordinances and 
resolutions as they may deem proper in regard to the 
occupancy of said ground and the manner in which it 
shall be used. 


48. The Auditor be directed to draw his warrant 
monthly upon the Treasurer, upon the certificates of the 
president and secretary of the Board of Directors of the 
House of Refuge for such sum or sums of money, not to 
exceed the appropriations, as may be necessary to defray 
the expenses of said House of Refuge, the same to be 
charged to the account of the House of Refuge. 


49. D. L. Beatty, 8. 8. Goodwin, B. O. Davis, Samuel 
Casseday, E. A. Gardner, and Patrick Maxcy, are 
hereby created a body corporate, by the name and 
style of ‘‘The Cook Benevolent Institution; by that 
name they may take and hold property, sue and be sued. 
They shall be managers of said Institution, and shall hold 
their offices for the term of six years. “The Mayor and 
and Council of The City of Louisville shall, in the month 


Ordinance, 
approved Oct. 
10, 1871. 


Ordinance, 
approved Dec. 
15, 1866. 


Ordinance, 
approved July 
11, 1865. 


An act to 
incorporate the 
Cook B enevo- 
lent Institu- 
th LO Dir tagke Bm 
proved Feb. 17, 
1846. 


132 


CHARITIES AND CORRECTIONS. 


of May of each year, appoint one manager, who shall 
hold his office for one year. In the event of the death, 
resignation, or removal from The City of any of the man- 
agers, the remaining managers shall have power to fill 
such vacancy. The managers shall have power to expel 
any member for cause, except the appointee of the City 
Council, and fill the vacancy so occasioned. The said Insti- 
tution shall have the right to receive from the executors 
of Samuel H. Cook the property devised by him as afore- 
said, and it shall be the duty of said Institution to apply 
the rents and profits of the land so received to the benevo- 
lent uses indicated by his said will. The said Institu- 
tion shall have the power to take and hold donations 
and bequests of property for charitable uses, but for none 
other. The said Institution shall have no power to buy 
or sell property, but may improve property given or 
bequeathed for the uses aforesaid. It shall be the duty 
of the managers, in the month of May of each year to 
report to the Mayor and Council of The City of Louisville 
the condition of the trust property, together with a full 
statement of their acts for the past year. The managers 
shall have the right to appoint a treasurer, and may take 
from him bond, with surety, for a faithful discharge of 
the duties of his office, and to appoint a collector, taking 
from him like bond; they shall also have the right to 
make a fair compensation to their treasurer and collector. 
Philip R. Gray, James Marshall, John C. Wenzel, 
Henry Pirtle, Joshua B. Bowles, and John M. Talbott, 
executors of said Samuel H. Cook, and the Mayor of The 
City of Louisville, shall be the visitors of said institution. 
When the term of any manager shall expire, he shall be 
reeligible to the office, and when a vacancy in the board 
of Managers shall occur by lapse of time, death, resig- 
nation, removal, or expulsion, such vacancy shall be 
filled by some resident of Louisville of the same Chris- 
tian denomination as that of the preceding manager, if 
such one can be obtained. The General Assembly may, 
at any time, modify, change, or repeal this charter. 


CHARITIES AND CORRECTIONS. 


90. The same shall be and is hereby revived and con- 
tinued in force, and that Anderson Buchanan, Benjamin 
O. Davis, David L. Beatty, Samuel Casseday, E. A. 
Gardner, and M. Cody shall be the corporators and 
managers of said Institution, together with the member 
to be appointed by the Mayor and General Council of 
The City of Louisville. And to keep said corporation in 
existence, the said corporators shall, by lot as may be, 
fix the time of service of each one of the persons whose 
names are mentioned herein to be one, two, three, four, 
five, and six years, in series, from the time of such allot- 
ment, and each year a vacancy shall be filled by those 
remaining in office; and the person so appointed shall 
hold his office for six years, and until his successor shall 
be appointed. 

51. It shall be lawful, and the managers of the Cook 
Benevolent Institution are hereby authorized and empow- 
ered to establish, erect, and superintend an hospital for 
sick and infirm persons, in or near The City of Louisville, 
and to make all needful by-laws and regulations for the 
management of the same; and for the purpose aforesaid 
it shall be lawful for said managers to acquire and hold 
real estate not exceeding ten acres of land, and to appro- 
priate all the rents, issues, and profits of the property 
now belonging to said Institution for the purpose or pur- 
poses aforesaid. That for the establishment, erection, 
management, and support of said hospital, the managers 
of said Institution are hereby authorized and empowered 
to raise by subscription, and to take by gift or devise, 
any sum or sums of money, the interest upon which shall 
not exceed the sum of ten thousand dollars per annwm. 
That the managers of said Institution are hereby author- 
ized and empowered to raise by loan the sum of two 
thousand seven hundred dollars, the same being now 
required to pay for improvements on the grounds belong- 
ing to said Institution, and devised by the will of Sam- 
uel H. Cook, deceased; and to secure the payment of the 
same a len be, may andis hereby authorized to be 
reserved on the grounds and improvements aforesaid. 


An act to re- 
vive and con- 
tinue an act to 
incorporate the 
Cook Ben evo - 
lent Institu- 
tion. Ap- 
proved Mar. 7, 
1854. 


An‘act to 
amend an act 
entitled An act 
to revive and 
continue an act 
to incorporate 
the Cook Ben- 
evolent Insti- 
tution, approv- 
ed Mar. 7, 1854. 
Approved Feb. 
28, 1867. 


134 


CHARITIES AND CORRECTIONS. 


AT ALG 40 
amend an act 
entitled An act 
to revive and 
continue an act 
to incorporate 
the Cook Ben- 
evolent Insti- 
tution, ap- 
proved Mar. 7, 
1854. Approv- 
ed April 25, 
1884. 


92. Whereas, there are doubts as to the right and 
power of the Cook Benevolent Institution to sell and 
convey any of its real estate; and, whereas, it is advisable 
in the administration of the trusts and purposes of said 
Institution, on account of the nature, situation, and con- 
dition of its property, sometimes to sell portions thereof, 
and to change the investment into other and more desir- 
able property for the general purpose of the Institution, 
and to produce a larger and more certain income: 


93. The Cook Benevolent Institution is hereby author- 
ized and empowered to sell and convey any of the real 
estate which it now holds under the last will and testa- 
ment of Samuel Hinman Cook, and any of the real estate 
which it has acquired by deed, conveyance, or otherwise 
since the act incorporating said Institution, and any 
other real estate whichit may hereafter acquire, not 
inconsistent with the deeds or wills through which the 
same may be acquired, and the proceeds of any and all 
such sales and: conveyances are to be reinvested, upon the 
same trusts in which the property to be sold and conveyed 
is and was held by the said Institution, in other suitable 
real estate in The City of Louisville or County of Jef- 
ferson in the State of Kentucky; provided, however, 
before making any such sale or conveyance, the said 
Institution shall file a petition in the Louisville Chancery 
Court, to which The City of Louisville shall be made a 
party defendant, setting forth the reasons why such sale 
would be proper and equitable; which may be contro- 
verted, and which may be sustained or controverted by 
satisfactory affidavits or proof; and the Court shall au- 
thorize and approve the sale and conveyance when proper 
or advisable, for cash or on such terms as to cash and 
credits as it may deem proper, and the sale may be made 
by said Institution, through its board of managers, at 
private sale, or, if deemed preferable, at public auction, 
on such advertisement and notice as to time and terms 
and place of sale as the Court may order. The purchase- 
money shall be paid by the purchaser into court, and 


CHARITIES AND CORRECTIONS. 


liens shall be retained on the property sold for all deferred 
payments, and the Court shall have power to enforce the 
payment of the purchase-money by order of court, and 
by proceedings as for contempt if they are not obeyed. 
But such sales shall only be for reinvestment, or for the 
purpose of improving other real estate that the said 
Institution may hold, and the reinvestment and improve- 
ments shall be made in similar property in said City or 
county to be held for the same uses, trusts, and purposes, 
under the direction and with the approval of the Court. 


54. The Judge of the City Court of Louisville shall 
have the jurisdiction and power, when there are pre- 
sented to him girls between the ages of sixteen and 
eighteen years, residents of The City of Louisville, 
charged with being common bawds or prostitutes, to 
hear and determine their cases; and, upon satisfactory 
proof that they are such common bawds or prostitutes, 
and that, from their habits and character, there is no 
probability that they will reform and lead virtuous lives, 
he shall make an order of court committing them to-the 
care of the Sisters of the Good Shepherd, in their Insti- 
tute of St. Xavier for the reformation of vicious women 
in said City; and said bawds or prostitutes shall remain 
in said Institute until they attain the age of twenty-one 
years. Any girl so committed, as provided in Section 1, 
shall remain at said Institute of St. Xavier until she 
attains the age of twenty-one years, and shall, during 
the time of her commitment, be subject to the rules and 
orders governing said institution. The mother superior, 
or other officer or person in charge of said institution, 
shall have the power to discharge any girl committed to 
the same before she attains the age of twenty-one years. 
It shall be unlawful for any girl committed to the said 
institution to escape thence before the expiration of her 
sentence; and any one aiding or abetting any girl in 
making such escape, shall be fined not less than twenty 
dollars nor more than two hundred dollars on warrant 
of arrest before the City Court of Louisville. 


135 


An act to 
provide for the 
reformation of 
a certain class 
of prostitutes 
in The City of 
Louisville. Ap- 
proved Apr. 8, 
1880. 


136 


An act to 
amend an act 
entitled An act 
to amend and 
reduce into one 
the several acts 
organizing and 
regulating the 
lunaticasylums 
of the State, ap- 
proved Mar. 20, 
1876, and all 
acts amend- 
atory thereof. 
Approved Jan. 
26, 1882. 


CHARITIES AND CORRECTIONS. 


99. All pauper idiots, epileptics, and harmless, incur- 
able lunatics that have been, or may hereafter be returned 
by the asylums in which they may have been, or may be 
confined, to the several counties, shall be delivered into 
the custody of their friends, if any; if not, then to the 
County Judge thereof, if they be residents of and sent 
from the County of Jefferson outside of The City of 
Louisville; and to the Mayor of The City of Louisville, 
if they be residents and sent from said City, who shall 
make suitable provision for their keeping out of the 
annual seventy-five dollars’ appropriation now allowed 
such persons by law. This act shall apply only to Jef- 
ferson County and The City of Louisville. 


k@s> Sec FINES AND MISDEMEANORS— GENERAL CouNCcIL— TAXATION. 


(OAs B24 sel Pl Oe ate ke 


* 


CISTERNS, WELLS, AND HYDRANTS. 


COON TENDS. 


1. Power of the General Council 
to cause the digging and walling of 
wells and cisterns, and the placing of 
fire-plugs and attachments; appor- 
tionment of the costs thereof. 

2. The manner of constructing 
public cisterns; plans prescribed. 

3. The apportionment of costs of 
making cisterns. 

4, How contracts for cement-prpe 
wells shall be executed. 


5. How contracts for brick wells 
shall be executed. 


6. How contracts for wells of gal- 
vanized-iron pipe shall be executed. 


7. Contracts for keeping in repair 
the public wells and pumps. 


8. Directions to contractors. 


9. The erection and cost of fire- 
hydrants; duties of the Louisville 
Water Company. 

10. The use and maintenance of 
hydrants; apportionment of cost of 
erecting. 


1, The General Council shall have power to cause the 
digging and walling of public wells and cisterns, and 
placing fire-plugs and attachments to the street water- 
pipes on the public ways within The City, and to appor- 
tion the cost thereof against the owners of lots fronting 
the public ways to the middle of each square from the 
intersection at or near which the work shall be located, 
or any other equitable mode of apportionment which 
said Council may prescribe by ordinance; and liens shall 
exist against such lots for the respective apportionments 
with like effect and like remedies as provided in Sec- 
tion 12 of this charter,! for the improvement of public 
ways. 


1As amended by the act of March 24, 1882, g.v. in Chapter xxxvi, post. 


The charter, 
act of March 8, 


1870. 


Sec. 14. 


138 


Ordinance, 
approved Oct. 
11, 1877. 


CISTERNS, WELLS, AND HYDRANTS. 


2. Unless otherwise provided for, all cisterns within said 
City shall be constructed in accordance with one of the 
two plans herein mentioned. Plan No. 1: cisterns to 


have vertical sides, concave bottom, and convex crown, 


and one opening in the center of the crown. Plan No. 
2: cistern to have a circular cross-section, whose interior 
diameter shall be ten feet, with vertical end-walls, built 
according to the plans on file in the City Engineer’s 
office, and two openings, one at each end of cistern. 
Hacavation: The pit or trench in which the cistern is 
made shall be of sufficient size and of such shape as to 


admit the brick-work of the cistern of the capacity re- 


quired. The cistern shall be so constructed as to contain 
not less than two hundred nor more than one thousand 
barrels, and the approximate capacity shall be named in 
the ordinance providing for the work. Shoring and 
Bracing: When, in the judgment of the City Engineer, 
the character of the ground shall be such as to require 
propping and bracing, it shall be done by the contractor 
without extra charge, with such timbers as may be deemed 
by the City Engineer necessary for the safety of the work 
and of the public; but no interference with the plans of 
the contractor on this point will be exercised unless the 
public safety is endangered by defect in plan of execu- 
tion or by neglect on the part of the contractor. Lrick- 
Work— (Plan No. 1): The vertical side-walls to be com- 
menced on a foundation whose base is twenty-one inches 
thick and twenty-one inches below the intersection with 
the bottom of cistern, and shall be stepped back at regu- 
lar intervals until the side-wall is one and one half bricks 
in thickness at a distance of four feet from the bottom of 
the cistern. The ground in the bottom of the cistern 
shall be properly shaped and then grouted. On the 
ground thus prepared shall be laid a course of brick flat- 
wise, and then grouted. On this course another course 
shall be laid flatwise, in cement-mortar, and hustled so 
as to fill both vertical and horizontal joints. When the 
bottom is composed of sand or gravel, a third course of 


CISTERNS, WELLS, AND HYDRANTS. 


walls, one and one half bricks in thickness. It shall be 
course. The crowning arch shall be a half-sphere, with 
brick, and shall be laid in the same manner as the second 
constructed by a pattern according to the City Engineer’s 
direction. Nine inches of the crown shall be laid as 
headers; the other four inches as stretchers. The arch- 
work shall be laid truly to the drawings and dimen- 
sions given. Brick - Work—(Plan No. 2): The walls of 
cisterns to be one and one half bricks in thick- 
ness. They are to be constructed by templets. and 
centers furnished by the contractor. The end-walls 
are to be three bricks in thickness where they join up 
with the circular work, and are to be stepped back at 
regular intervals until one and one half bricks thick. 
The ground for the invert shall be properly shaped by 
the templets to receive the brick-work. The brick shall 
be laid by line in concentric rings of one half brick’s 
thickness each. The brick of each course shall be laid 
stretchers, breaking joints with those in the adjacent 
course. They shall be well bedded and joimted in the 
mortar at the bed, side, and ends of each brick. There 
shall be at least one half inch of mortar between the rings 
of the brick-work. The centering shall not be struck until 
the trench is filled at least one foot above the cistern. 
Great care must be taken that the joints next the keys of 
the arch are well filled with cement-mortar. Two openings 
shall be worked in the crown of the arch, whose diameter 
shall be two feet six inches. Brick: The brick used shall 
be of the best quality of hard-burned brick. They shall be 
well saturated with water before being laid. Cement: The 
cement used shall be of the best quality of hydraulic 
cement, quick-setting, and capable of bearing a tensional 
strain of forty pounds per square inch when mixed neat 
and allowed thirty minutes to set in the open air. Every 
facility must be given the City Engineer to test the cement 
and no cement shall be used until received by the City 
Engineer. Mortar: The mortar to be used in the brick- 
work, unless otherwise ordered by the City Engineer, shall 


139 


140 


CISTERNS, WELLS, AND HYDRANTS. 


be made by mixing one part of cement and two parts of 
clean, sharp sand; no mortar to be used after it has com- 
menced to set. No water from the gutters to be used in 
mixing the mortar, but the water must be clean. Vessels 
of suitable capacity must be furnished to measure the 
cement and sand. Plastering: The interior surface of the 
cistern shall be well plastered with two coats of cement 
made to the satisfaction of the City Engineer. Lack- 
fill: All space between the sides of the pit and the walls 
of the cistern shall be well filled in and carefully ram- 
med as the brick-work progresses. The filling over the 
arch shall be carefully made in layers and rammed until 
it is firm and solid. Castings and Street Paving: The 
openings in the top of the arch shall be covered with a 
cast-iron cap of approved pattern. This cap shall be 
surrounded with a single nine-inch course of limestone 
block-paving, laid with joints radiating from the center. 
The other portion of the paving over the cistern shall be 
made similar to the street pavement in which the cistern 
is constructed, either limestone, bowlder, or otherwise. 
The cistern shall. be connected with pumps, if no water- 
pipes are near, and when so connected it shall be with 
three-inch cast-iron pipes not heavier than thirteen 
pounds per foot. It shall be connected with the water- 
works pipes where these. extend. The cistern shall be 
filled with water at the expense of the contractor, and its 
holding capacity tested and certified to by the Chief of the 
the Fire Department before the work is received. Work 
in progress shall have full and sufficient barricades to 
prevent injury or accidents to persons, teams, or vehicles 
during its construction. No cistern shall contain less 
than two hundred nor more than one thousand. barrels, of 
four and twenty-one one-hundredths cubic feet per barrel. 
General Requirements: All materials used in the work 
shall be of good quality and such as the City Engineer 
shall approve, and all inferior materials condemned or 
rejected by the City Engineer shall be removed from the 
site of the work at the expense of the contractor, as well 


CISTERNS, WELLS, AND HYDRANTS. 


141 


as all rubbish, surplus, and refuse materials; and when 
the whole or any part of the work does not, in the opinion 
of the City Engineer, comply with these specifications and 
the directions and instructions of said City Engineer, then 
it shall be made to conform thereto at the expense of the 
contractor. If the contractor shall fail to employ a force 
sufficient, in the opinion of the City Engineer, to com- 
plete the work in the time specified, the Mayor may 
employ the necessary force to complete the work at the 
expense of the contractor. The contractor shall keep his 
work ina good state of repair for six months next after 
the work shall have been received by the General Council. 
The work shall be commenced as soon as the contractor 
is notified by the City Engineer after the confirmation of 
his contract by the General Council, and shall be contin- 
uously prosecuted until completion, which shall be within 
one month after he is notified by the City Engineer to 
proceed with the work. 


3. Hereafter, unless otherwise specially provided in the 
ordinance ditecting the work to be done, the digging, 
walling,and construction of any cistern on any public way 
within the City limits, when made or placed at or near the 
intersection of public streets, shall be done at the cost of 
the owners of the lots of ground fronting said public streets 
to the middle of each contiguous square from the intersec- 
tion at or near which the cistern shall be located; and 
when made or placed in a public street, and not at or 
near an intersection as aforesaid, shall be done at the 
cost of the owners of the lots of ground fronting each 
side of said public way, between the nearest public 
streets crossing the same, and extending back in depth a 
distance equal to half-way the distance from the public 
way in which said work is done to the nearest public 
street running parallel thereto; and in each case the cost 
thereof shall be apportioned among the owners of the lots 
of ground according to the number of square feet owned 
by them respectively within the above-prescribed limits, 
and a lien therefor shall exist on said lots of ground. 


Ordinance, 
approved April 
18, 1883. 


142 


Ordinance, 
approved Aug. 
3, 1872. 


Ordinance, 
approved April 
138, 1872. 


CISTERNS, WELLS, AND HYDRANTS. 


4. In all wells dug and walled with cement-pipe the 
work shall be executed as specified below. The well shall 
be excavated to the dimensions necessary to allow the 
pipe to descend as the excavation proceeds, and sunk to 
such a depth that there shall be at least five feet of water 
in the well at the time it is received and for twelve 
months thereafter. The wall or curbing shall be cement- 
pipe two and one half feet inside the diameter and at least 
two inches and three quarters of an inch thick, and the 
material of which the pipeis composed shall be two parts 
of hydraulic cement, one part of clean, sharp gravel, and 
three parts of clean, sharp sand. The pipes shall be 
molded truly cylindrical and shall be properly seasoned 
before they are used in any work. They shall have 
rabbeted joints, and shall be free from flaws and cracks 
and sound in every particular. The joints shall be made 
with mortar composed of one part of hydraulic cement 
and two parts of clean, sharp sand, so that the wall when 
finished shall be impervious to water. The work and all 
materials used therein shall be of good quality and such 
as the City Engimeer shall approve. Contractors for 
digging, walling with cement-pipe, finishing and euaran- 
teeing any well under contract with The City of Louisville 
shall, before commencing the work, give good and ample 
security for the faithful performance of the requirements 


-of this ordinance. 


). All wells dug and walled with brick, under contract 
with The City of Louisville, shall be dug or finished in a 
circular form, and be three and a half feet in diameter in 
the clear and sunk to such a depth that there shall be at 
least five feet of water in the well at the time of its being 
received and for twelve months thereafter; to be walled 
up with a nine-inch wall of hard and straight new bricks, 
laid in regular course of headers, and well rammed in 
from behind with clay and_ puddled eight feet below the 
top, to show close joints, both vertical and horizontal, on 
the face. The walls shall be carried up straight and 
plumb. The wall within eight feet of the top shall be 


CISTERNS, WELLS, AND HYDRANTS. 


laid in water-line and well grouted, being perfectly cir- 
cular horizontally and perfectly straight vertically; and 
all to be done in a neat, strong, and workmanlike manner. 
Contractors for digging, walling with brick, and guaran- 
teeing and finishing wells under contracts with The 
City of Louisville, shall, before commencing the work, 
give good and ample security for the faithful performance 
of the requirements of this ordinance. 


6. All wells of galvanized-iron pipe shall consist of a 
galvanized wrought-iron tube of one quarter of an inch 
in thickness and three inches in diameter, which shall be 
sunk in the ground by means of a sand-bucket to a 
depth of not less than twenty-five feet below low-water 
level of the Ohio river, or to a point not less than forty- 
five feet below the ‘level of the water-bearing strata at 


each place where the wells are to be sunk. After the’ 


galvanized-iron pipe has been sunk to the required depth, 
it shall be drawn up five feet seven inches, and there 
shall be slipped down on the inside of the iron tube a 
strainer two and one half inches inside diameter, to 
which shall be attached, by means of a brazed joint, a 
copper chamber two and nine sixteenth inches inside the 
diameter and twenty-one inches in length. The strainer 


shall be slipped down until the bottom rests on the - 


bottom of the well, leaving two inches of the copper 
chamber in the end of the iron pipe. The top of the 
copper chamber. shall be securely fastened to the iron 
pipe by means of a cold-lead joint. Great care must be 
used in sinking the pipe so as not to injure the thread 
thereon. If they do become injured in any way they 
shall be drawn up and new threads cut on the same. 
When the pipe is sunk in old wells it shall be securely 
braced at each joint of the pipe. The contractor shall 
keep the wells in perfect working order at his own 
expense for one year after its acceptance by the General 
Council. The working machinery for the pumps for 
galvanized-iron wells shall conform with the drawings on 


file in the City Engineer’s office, and shall consist . 


143 


Ordinance, 
approved. Mar. 
25, 1884. 


144 


CISTERNS, WELLS, AND HYDRANTS. 


principally of a wooden stock or log, with iron standards, 
handle and spout attached to same, wooden piston or 
suction-rod, or gaspipe piston or suction-rod, and hard 
rubber valves with metal seats. The pump-stock shall be 
eight inches square at the top, with a bore of four inches. 
The top of the stock shall stand three and one half feet 
above the platform. The stock shall have a total length 
of not more than ten feet. Great care is required to be 
used so that the center line of the guide-bar and the 
center line of the valve-chamber shall coincide. The 
spout shall be bolted to the log. The suction-rod shall 
be of well-seasoned ash, one and three quarter inches 
square, straight grained and free from flaws or any imper- 
fections; or of gaspipe, one half to three quarter 
inches in diameter, to be controlled by guides to prevent 
vibration by buckling as shown on the plans on file in 
the City Engineer’s office. The copper cylinder, strainer, 
union piece, and valves shall be connected, as shown on 
the plans. The strainer shall be of any one of the follow- 
ing described plans, as ordered by The City: Strainer 
Vo. 1 shall consist of a brass tube, ‘two and one half 
inches inside diameter, four feet long. It shall be per- 
forated on the inside by means of a beveled saw; said 
perforation shall be not less than one nor more than one 
and one quarter inches in length, nor more than one 
thirty-second of an inch in width. The perforations shall 
be arranged in such a manner as not to impair the strength 
of the tube, the bottom of which shall be closed with a 
bail-plug. The area of the perforations in the aggregate 
shall be at least twice the area of the copper chamber, 
calculated from the inside diameter. Strainer Wo. 2 shall 
consist of a brass tube, two and one half inches inside 
diameter, four feet long, with no less than two hundred 
holes five eighths of an inch in diameter. These holes 
shall be counter-sunk and furnished with No. 40 brass 
wire-cloth, strainer fastened in place by means of brass 
washers. ‘The end shall be closed by means of a bail- 


plug. Strainer Vo. 2 shall consist of a galvanized-iron 


CISTERNS, WELLS, AND HYDRANTS. 


tube, two and one half inches in diameter and four feet 
long, perforated with no less than two hundred holes five 
eighths of an inch in diameter. These holes shall be 
counter-sunk and furnished with No. 40 brass wire-cloth, 
strainer securely fastened in place by means of brass 
washers. The bottom of the strainer shall be closed by 
a bail-plug, which shall be securely fastened. The con- 
tractor must in all cases guarantee the perfect efficiency 
and working of the strainer, that it will allow no sand 
to enter the tube and be pumped up with the water after 
a sufficient time has been allowed for forming a good 
gravel filter-bed around the strainer. Strainer Vo. 
4 shall consist of a brass tube, two and one half 
inches in diameter and four feet long, perforated 
with no less than two hundred square holes five eighths 
of an inch square. These holes shall be counter-sunk 
and furnished with No. 40 brass wire-cloth, strainer 
securely fastened in place by means of brass washers. 
The bottom of the strainer shall be closed by a bail-plug, 
which shall be securely fastened. All claims for royalty 
on the strainer or any part of the pumps will be assumed 
and paid for by the contractor. The platform shall be 
of stone flagging not less than three inches thick and four 
feet long and four feet wide. It shall be made in two 
pieces so as to fit up tight around the pump-stock. ‘The 
edges and top shall be either sawed or bush-hammered. 
The stones shall be laid on their natural bed and be free 
from seams or flaws of any description and equal in every 
respect to the Bedford stone. Painting: The whole of 
the wooden log or stock and all iron-work above the 
platform shall receive two good coats of good paint of 
the best quality. The wood to be painted a dark gray 
color and the iron a dark olive color. The painting must 
be done before the work is delivered on the ground and 
must be done in a neat and workmanlike manner. Vevw 
Wells: A circular pit or well three feet in diameter shall 
be dug to the depth of the bottom of the wooden log. 
The pit to be lined with a nine-inch brick wall laid in 


cement. After the log has been attached to the pipe to 
10 


146 


CISTERNS, WELLS, AND HYDRANTS. 


the satisfaction of the City Engineer, this pit shall be 
filled with clean, sharp gravel. Cast-/ron: The cast-iron 
shall be made of the best quality of iron; combining 
strength with hardness. All parts exposed to wear shall 
be hardened by chilling; all castings shall be free from 
sand-holes and all other imperfections. They shall be 
thoroughly cleansed and all feather-edges neatly removed 
so that they shall be smooth in all their parts. The metal 
in the tube of the spout shall be of uniform thickness 
and the interior shall be perfectly smooth. The union- 
piece shall have a thread cut on the inside of its lower 
end to admit of the pipe being screwed in it. Wrought- 
Tron: The wrought-iron shall be the best quality of com- 
mercial wrought-iron and will consist of nuts, bolts, and 
straps. These pieces shall be forged and finished in the 
shape and of the exact dimensions given in the drawing. 
Copper: The chamber shall be of seamless, drawn-copper 
tubing, two and nine sixteenths inches in diameter, and 
No. 12 Birmingham wire-gauge in thickness, and twenty- 
one inches in length. Valves: The valve-seats and guides 
shall be made as shown on the drawings and they shall 
be made of brass of nine parts good copper and one part 
good tin. They shall be cast of such size as to allow of 
their being turned down to a smooth surface, free from 
air-holes and flaws. They shall be threaded in a neat and 
workmanlike manner so as to receive the best quality of 
solid, spherical rubber valves. The upper valves shall be 
connected to the suction-rod with an iron rod, forked and 
fitted and punched for bolts, as shown on the drawings. 
The contractor shall be paid for the pumps per lineal 
foot; that is, the pump shall be measured from the top of 
the wooden log to the bottom of the brass strainer, and 
the contractor paid for that number of feet; and it is 
distinctly understood that this measurement includes all 
of the working machinery, excavation, labor, and every- 
thing necessary to make the pump perfect in every respect. 
The contractor shall also be paid for frame and platform. 
All apportionments for public wells of galvanized-iron 


CISTERNS, WELLS, AND HYDRANTS. 


pipe, ordered under the foregoing ordinance, shall be made 
in the usual manner as prescribed by the City charter. 


7. Contracts shall be made annually for the Eastern 
and Western districts either separately or together, as 
the time may seem best, for keeping the public wells 
clean and in order and for making and keeping in repair 
the public pumps, which contracts shall expire on the 
thirty-first day of December in each year. The contractor 
shall give good security, to be approved by the Mayor 
and General Council, for a faithful performance of his 
contract. 

8. Each contractor in his District, according to his 
contract, and in strict compliance with specifications in 
the Engineer’s office, shall put new, good pumps in 
new wells, and, whenever they are needed, in the judg- 
ment of the City Engineer, in the old wells also, and shall 
keep all public pumps and wells free from impurity, 
thoroughly cleaning each well at least once a year and 
oftener if necessary. He shall give and preserve to each 
well a strong and secure finish at the top, so adjusting 
the curb as to exclude the water from running into the 
well. He shall be paid monthly according to his contract 
price, upon the City Engineer’s certifying that he has 
kept and performed his contract. 

9, The Louisville Water Company shall erect and 
maintain fire-hydrants upon the sidewalks of any of the 
public ways in The City where said Water Company’s 
distributing pipes are laid whenever ordered to do so by 
ordinance from said General Council. The Louisville 
Water Company shall, upon the erection and completion 
of each fire-hydrant, render an account to the General 
Council of the absolute cost of each such hydrant, which 
cost shall be paid by The City in such manner ‘as said 
General Council may provide. The Louisville Water 
Company shall determine the design of the fire-hydrants, 
keep them always in repair, and receive annually from 
The City for the use of each hydrant such sum as may 
be agreed upon hereafter. 


147 


Ordinance, 
approved Mar, 
LG 187. 


Ordinance, 
approved July 
111870. 


148 


CISTERNS, WELLS, AND HYDRANTS. 


10. The fire-hydrants thus erected upon the. public 
ways of The City shall not be used for any purpose 
except furnishing water to prevent and extinguish fires, 
unless a special permit be first obtained from The City 
of Louisville; and that any party or parties found using 
a fire-hydrant contrary to the letter and spirit of this 
ordinance shall be deemed guilty of a misdemeanor and 
pay a fine to The City for each offense of not less than 
five nor more than twenty dollars. It shall be the duty 
of the policemen to arrest, under warrant, any and all 
parties found using any fire-hydrant in violation of this 
ordinance. The cost of erecting fire-hydrants shall be 
apportioned among the owners of the ground according 
to the number of square feet owned by them respectively 
and a lien therefor shall exist on said ground. The 
apportionments of the cost for erecting said fire-hydrants 
shall be as follows: When placed or erected at or near 
an intersection of public ways it shall be done at the 
expense of the owners of the ground on each contiguous 
square half way to the next intersections; and when 
placed or erected in any public way, and not at any inter- 
section, it shall be done at the expense of the owners of 
the ground on each side of such street between the nearest 
streets crossing the same, and extending half way to the 
nearest streets running parallel to the street on which the 
work is done. 


pes™ See ConTRACTS — ENGINEER—FINES AND MISDEMEANORS—FIRE— 
Pupiic WAays— WATER. 


8s Fo ead Ul ne, 1 


CITY ATTORNEY. 


CONTENTS. 


1. The office created; time of 5. The Council may fix salary at 
election; term and duties as a | any sum below a given maximum. 
counselor. ; 

2. Duties as an attorney 6. Duties as to levies and assess- 


y 5 ments; tax suits; assistant 
3. Qualifications and salary. : 5 4 


4, Oath and bond of office. 7. Reports to the Council. 


1. Within one month after the first general election for 
City officers under this charter, and on the first Tuesday 
in December, 1872, and on the first Tuesday in Decem- 
ber every third year thereafter, there shall be elected by 
the General Council of said City a City Attorney, to 
serve until his successor is elected and qualified, whose 
duty it shall be to give legal advice to the Mayor and mem- 
- bers of the General Council, the Auditor, Assessor, Re- 
ceiver of Taxes, Treasurer, and City Engineer, in matters 
pertaining to their official duties; and, if requested, such 
opinions shall be in writing and shall be preserved, by 
the officers receiving them, for reference. 


2. It shall also be his duty to prosecute or defend all 
suits in the courts of Kentucky for and against The City 
of Louisville, and to attend to such other legal business 
as the General Council may require of him. 

3. He shall have the qualifications of a Common- 
wealth’s Attorney, and receive such salary as may be 
fixed by ordinance, not exceeding four thousand dollars 
per annum, payable monthly out of the City treasury. 


The charter, 
act of March 


Oy elerOs 
100. 


Sec. 


150 


OPEV "A TTORA GY 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Became 
a law 
187—., Sec. 8. 

An act to re- 
vise and amend 
the tax laws of 
The City of 
Louisville. Ap- 
proved May 12, 
1884. Art v. 
Sec. 2 et seq. 


4. Before entering upon the duties of his office he 


shall take such oath and execute such bond as may be 
required by ordinance. 

9. The General Council of said City shall have power 
to increase the salary of the City Attorney of said City 
to any sum which, in the aggregate, shall not exceed the 
sum of six thousand five hundred dollars per annum. 


6. Aside from the duties imposed by the charter of 
eighteen hundred and seventy, the City Attorney shall 
at all times, even unasked, point out to all departments 
of the City government all steps to be taken by each to 
make the tax-levy and assessment, both in the aggregate 
and in its details, binding and effective, according to its 
purpose. He shall, by himself or assistant, represent 
The City in all actions or proceedings to which it isa 
party, in name or in effect, that grow out of her demands 
for taxes. He shall, with the approval of the General 
Council, from time to time, appoint an assistant, who 
shall receive a salary, fixed by ordinance, of not over 
fifteen hundred dollars a year, from the City treasury, 
together with all docket-fees actually recovered. 


7. On the first Thursday of July in each year the City 
Attorney shall report to the General Council all actions 
for taxes begun in the preceding year, with name of 
defendants, amounts sued for, form and nature of action, 
and name of court; also all judgments, dismissals, and 
collections made by suit or process; also a list of the bills 
which, under Section 7 of Article 4,1 were ripe for suit 
on the first day of the preceding May and not: yet sued 
upon, with his reasons for the delay. And in bringing 
any class of suits for taxes, except under Sections 7 and 
8! of said Article, he shall follow the directions of the 
Council. 


Ba@srSee AcTS AND ORDINANCES — ASSESSOR— CONDEMNATION — CouURTS 
oF LAw— GENERAL CoUNCIL— OFFICES AND OFFICERS— TAXATION. 


1 These Sections are inserted in Chapter xlili, post, and designated as above. 


isa eX ad MON ea 


CLAIMS. 


CORT ENT S:. 


1. No warrants to be drawn ex- 
cept for claims duly allowed or cer- 
tified, and unless there is money in 
the. treasury applicable to their 
payment. 

2. Appeal on delayed claims. 


3. Contractors’ claims to be accom- 
panied with the Engineer’s certifi- 
cate. , 

4. The Engineer’s certification reg- 
ulated. 

5. Bills payable to The City. 

6. Policemen’s and Street Inspect- 
ors’ claims. 

7. Monthly pay-rolls to be reported. 


8. The compromise committee of 
the General Council established and 
clothed with authority. 


9. All claims to be made out in 
duplicate, upon printed form, and 
to be certified. 

10. The City Book-keeper to regis- 
ter all claims in manner prescribed. 

11. Claims not made out according 
to law will have no attention paid 
them. 

12. Duty of the Clerk of the Board 
of Aldermen in reference to claims. 

13. Duty of the Auditor. 

14. Pay-rolls; claims for work and 
material; form and manner of pay- 
ment. 

15. No warrant to be issued and no 
money paid save by law. 

16. The Book-keeper not to certify 
claims. 


1. No warrant for the payment of money shall be drawn 
on the Treasurer except for claims allowed by the Council, 
or duly certified for payment, according to its ordinance 
or resolution, nor unless at the time there shall be funds 
in the treasury applicable thereto sufficient to pay the 
same and all other warrants then outstanding. 

2. Any person who may be dissatisfied with the action, 
or refusal to act, or delay in acting of the Mayor or 
Auditor upon his claim against, or on his account with 
The City, may appeal to the Council. 

3. All contractors for work or materials ordered by The 
City shall, before their claims are presented to the Auditor, 


Ordinance, 
approved Oct. 
27, 1853. 


Ordinance, 
approved Oct. 
27, 1858. 


Ordinance, 
approved Oct. 
28, 1853. 


152 


Ordinance, 
approved Oct. 
28, 1858. 


Ordinance, 
approved Apr. 
13, 1870. 


Ordinance, 
approved Feb. 
27, 1877. 


CLAIMS. 


have the certificate of the Engineer that the work has 
been done or materials furnished according to contract. 


4. The Engineer shall not so certify for any contractor 
as to a work or undertaking if he has failed to prosecute 
according to his contract, or who has in any respect 
violated the same, nor shall he certify the account of any 
contractor in advance of his work. 


9. All evidences of indebtedness to The City shall be 
made payable at the Treasurer’s office, and if any debt 
remain unpaid three days after due, the Treasurer shall 
hand it to the City Attorney to collect by legal process, 
and the Attorney shall report to the Mayor in writing 
every three months the true condition of all claims under 
his charge. 


6. Hereafter it shall be the duty of the Chief of Police 
to report and certify to the Auditor, at the end of each 
month, the amounts due to each member of the police 
department; and in like manner it shall be the duty of the 
Street Inspectors of the Eastern and Western districts to 
report and certify to the Auditor the amounts due to each 
person employed by them respectively; and on the said 
reports of the Chief of Police and the Street Inspectors 
of the Eastern and Western districts being duly examined 
and approved of in writing by the respective chairmen 
of the. committees on police and streets, the Auditor is 
authorized and directed to draw his warrant on the City 
Treasurer, in favor of the respective parties, for the 
amounts so certified in their favor, and charge the same 
to the appropriate accounts. 


7. The Chief of Police and Street Inspectors of the 
Eastern and Western districts are respectively directed 
and required to make monthly reports to the General 
Council of the persons and amounts, as certified to the 
Auditor, as required in the preceding Section. 


8. The Mayor of said City, the chairman of the com- 
mittees on finance of each board of the General Council, 
and the City Attorney shall constitute a committee on 


CLAIMS. 


153 


compromises, with authority to hear and examine into 
any claim for or against said City, either before or after 
suit brought, who shall report the result of such examin- 
ation with their recommendation to the General Council 
for their approval or rejection. 


9. All claims against The City of Louisville shall be 
made out in duplicate upon the printed forms furnished 
by the City Book-keeper, and shall be certified by the 
officer ordering the work or material, who shall also state 
the authority therefor. 


10. All claims shall be registered by the City Book- 
keeper, and numbered, in the order of their reception by 
him, ina book kept for that purpose, showing the heads of 
accounts to which such claims are chargeable, and both 
the original and duplicate to bear evidence of registration 
by date, number, and folio of register. 


11, No claim shall be entertained by the General Council 
unless made out in accordance with Sections 1 and 2 of 
this ordinance. 


12. Upon the passage by the General Council and 
approval by the Mayor of any claim, the Clerk of the 
Board of Aldermen shall file in his office the original 
and shall attest and deliver to the owner or his assignee 
the duplicate of such claim. 


13. Upon presentation to the Auditor of such duplicate 
properly certified and attested, as hereinbefore provided, 
he shall issue his warrant for the amount of said claim 
and shall take the receipt of the holder of the claim 
thereon, which claim with the said receipt shall be filed 
in his office. 


14. When the claim is in the form of a pay-roll for 
police, fire, street-cleaning, Engineer’s, or Assessor’s 
department, such roll shall be made out upon the form 
furnished by the City Book-keeper, and when the claim 
is for work or materials, said claim shall be supported by 
the affidavit of the claimant that the same is just, due, 
and has never been paid, and all the conditions and 


Ordinance, 
approved Feb. 
27, 1877. 


154 


CLAIMS. 


regulations of other claims, as hereinbefore provided, 
shall be observed except that upon the receipt of the 
duplicate by the Auditor, properly attested by the Clerk 
of the Board of Aldermen. ‘To all other City officers and 
employes upon a monthly pay-roll, to be made out by the 
City Book-keeper and certified to the Auditor by the 
Mayor. The Auditor shall draw his warrant in favor of 
each person, or his assignee, whose name appears upon 
said pay-roll, and upon the delivery of such warrant such 
roll shall be signed by such person or his assignee. 


15. No warrant shall be issued by the Auditor or money 
paid by the Treasurer except in conformity with the 
provisions of this ordinance. 


16, The City Book-keeper shall not certify any claim 
whatever. 


fes~ See ADVERTISING — AUDITOR — CHARITIES AND CORRECTIONS — 
ConTRACTs — County RELATIONS — ELECTIONS — ENGINEER — GENERAL 
CoUNCIL — OFFICES AND OFFICERS — PoLICE — TAXATION — TREASURER. 


CORA DSUE ACL. 


CONDEMNATION. 


CONTENTS. 


1. Section 10 of the charter of 5. Duties of courts in such trials. 
March 8, 1870, superseded. 


2. Property may be ordered con- | The court may assign the case 


demned by the Council either in The to a day upon the filing of the 


6. Duties of the jury. 
‘5 


City or in the County of Jefferson. petition. 
3. How proceedings are to be in- 8. Judgment. - 
stituted. Sees aR Z 
9 The City shall have thirty days 
4. The jointure of defendants. within which to make compensation. 


1, In lieu of Section 10 of the charter, approved March 
3, 1870, entitled ‘‘An actestablishing a new charter for 
The City of Louisville,’ the following law shall prevail 
concerning condemnation of property for City purposes. 


2. Whenever, in the opinion of the General Council, 
property shall be needed for municipal purposes, either 
within the boundaries of said City or the County of 
Jefferson, said Council may, by ordinance, order the con- 
demnation of such property. ! 


1 The constitution secures to every man whose property is applied to any 
public use, payment of its actual value, in money, without any deduction on 
account of profit or advantages which may be expected to accrue to him 
from the public use of the property. Advantages and disadvantages can be 
set off against each other only. It is impracticable and impolitic to measure 
a benefit or a hardship, under such circumstances, by a monetary standard. 
If a city will lay out a street through an individual’s lot, he must, at all 
events, be paid in money the intrinsic value of the ground actually to be 
used for the street. Then, if the appropriation work a further injury to 
him, as it may by curtailing his lot, spoiling its shape, changing the grade 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Sec. 1 
et seq. 


156 


CONDEMNATION. 


3. The proceeding for that purpose shall be instituted 
by the City Attorney, either in the Jefferson Court of 
Common Pleas or in the Louisville Chancery Court, and 
shall be carried on, as near as may be, as actions at law 
by ordinary proceedings; warning-orders against non- 
residents, absent defendants, or unknown owners of 
property, must be published three times in one of the 
daily newspapers published in said City, the last publi- 
cation at least ten days before the trial. 7 

4. The owners of distinct parts of one contiguous tract 


of the adjoining street, efc., his claim to compensation for such additional 
injury may be reduced, or extinguished, by setting off againgt it the rise in 
the value of other property, or any other benefit, that may accrue to him from 
the improvement. But for these speculative advantages he can not be 
required to give up any of his property, or to pay any money.—Jacobd v. 
City of Louisville, 9 Dana, 114. The same is held in Sutton’s Heirs v. 
City of Louisville, 5 Dana, 28; and BE. § P. R. R. Co. v. Helm’s Heirs, 8 Bush, 
681.. Though the constitution secures the right of the citizen to a just com- 
pensation for his property before it shall be taken for public use, yet the 
legislature has the right to prescribe the mode of ascertaining and determin- 
ing that compensation.— Henderson and Nashville R. R. Co.v. Dickerson, 17 B. 
Mon., 173. And the value of the land proposed to be taken from the owner, 
considering its relative position to his other land, and the other circumstances 
which may diminish or enhance that value, are the proper considerations to 
be regarded.—Ib. The inquiry should not be what is the market value of 
the land, nor on the other hand, what price would induce the owner to sell 
it, but should rather be, what would be its value to him, situated as it is, if he 
were not the owner of it, but owned the adjacent property under the circum- 
stances as they exist. Its actual value to him in that condition would be as 
much as he has aright to demand.—Robb v. Maysville and Mt. Sterling Turn- 
pike R. Co., 3 Met., 117. The Mayor of The City of Louisville may be 
compelled by mandamus to issue and sell the bonds of The City, and with 
the proceeds pay into the City Court, as required by the judgment of con- 
demnation, the adjudged value of the land condemned by said Court for 
wharf purposes, on the petition of The City, under the provisions of acts 
and ordinances.— Duncan, Trustee, and others, v. Mayor of Louisville, 8 
Bush, 98. In the instance of the Louisville Bridge Company, the Company 
possessed under its charter the right to acquire by condemnation such Jand 
as may be necessary, etc., and the Court of Appeals held that this necessity 
must exist as a condition precedent, to be ascertained by a competent tribunal, 
before which the parties whose lands are sought to be taken, as well as the 
Company, can be heard.— Reed and others v. Louisville Bridge Co., 8 Bush, 
69. The jury impaneled to ascertain the value of the real estate assessed 
the value of the land, and also adjudged that the same was necessary for the 
purposes of the Company: held, that if the jury heard any evidence on any 
other question than the value of the land, their action was extra-judicial ; 


< 
» 
i 
> 


CONDEMNATION. 


may be included in one proceeding, or any one or more 
of them holding contiguous tracts may be proceeded 
against in a separate action. 


9. The courts shall make all such orders, rules, and 
judgments as will secure a fair trial by an impartial jury 
of not less than six freeholders of said City or County, 
and shall give precedence to these trials upon its docket 
as soon as the parties are before the court and the issues 
made up. 

6. The jurors shall be sworn truly and impartially to 
ascertain and determine by their verdict the amount of 
compensation each owner will be entitled toif his land or 
property described in the petition is condemned. 


7. The court in which these proceedings are brought 
shall have power to assign a day for the trial of the case 
as soon as the petition is filed. 


8. Upon the return of the verdict the court shall enter 
judgment, vesting title to the property described in The 
City of Louisville, said judgment to take effect upon the 
payment into court by The City of Louisville of the 
amount of money named in the verdict. 


9. But The City of Louisville shall have thirty days 
within which time to make said compensation; and if not; 


| 


6 

and their finding, that the land was necessary for the purposes of the Com- 
pany, not being responsive to the writ, was entitled to no consideration by 
the court.—Ib. Necessity and a public use, in all cases, exist as a condition 
precedent to the legal right to enforce the remedy given to condemn, and 
the company is not the judge of the existence of the necessity, or of the 
character of the use; both belong to the courts.—T'racy and others v. E., L. 
§ B.S. R. R. Co., Court of Appeals, May 16, 1882. The general statutory 
mode of condemning property supersedes other modes embraced by charters 
passed prior to its enactment.— Dulaney and others v. National Turnpike R. 
Co., Court of Appeals, Dec. 20, 1883, unreported. The law is well settled 
that the condemnation of land for a turnpike road invests the Company 
with no greater interest than the mere right to use the land for the purposes 
of the road. The Company owns the road, but not the ground, over which 
it passes, and the ownership of the road does not vest any right but what is 
necessary to the enjoyment of the franchise.— Kelly et al. v. Donahoe et al., 2 
Met., 482. In regard to the fee of the Louisville streets, see the notes to 
Chapter xxxvi. 


157 


158 


CONDEMNATION. 


so made within said time said City shall be deemed to 
have abandoned that condemnation and that proceeding 


shall be dismissed at its cost but without prejudice to 
- any subsequent proceeding. 


BGS” See BRIDGES AND FERRIES— CANALS — City ATTORNEY — Cor- 


PORATE PowrERs— Courts oF LAw —GENERAL CouUNCIL—-PUBLIC WAYS— ~ 


RAILROADS — TRANSFER AND TRANSPORTATION COMPANIES. 


~ 


CREA HIER ROBO. 


CONTRACTS. 


COUN A NLS 5 


1. The awarding of contracts. 7. Violations of contract and sus- 
2. Extensions of time. pensions of work. 
3. Proposals, lettings, and sureties. : : 

coli BP 8. The Engineer’s certification of 
4. Forfeitures of awards. 

ee : pean work. 
5. Disability following forfeiture. 
6 The Engineer’s attest and the 9. Council may contract for certain 
Council’s approval required. improvements at The City’s cost. 


1. Contracts for work and materials shall be awarded 
to the lowest and best bidder for all work done by City 
authority. , 

2. In contracts which may be entered into by The City 
for the making of any public improvements directed by 
the General Council, it shall be lawful, whenever said 
Council shall deem it expedient to do so, to fix a time 
beyond the end of the fiscal year in which the contract 


1A contract for street improvements in The City of Louisville must be 
signed by the Mayor and the party undertaking its execution, and be approved 
by the General Council in the manner prescribed by the charter and 
ordinances of The City— Murphy v. City of Louisville, 9 Bush, 189. Where 
the contract relied on was not executed in accordance with the law under 
which the City officials are required to act in making such contracts, in that 
it was not approved by the General Council, the contract was held null and 
void, and The City was held not to be liable for the value of the work by 
reason of any implied promise to pay, upon the idea that The City derived a 
benefit from it—Jb. If the alleged contract be made otherwise than as re- 
quired by the ordinance, it is not binding; and if not obligatory as a contract, 
the law creates no promise to pay.—Ib. A party dealing in a matter expressly 
provided for by the charter is bound to see to it that the charter is complied 
with; if he choose to take the hazard or neglect this, he is a mere volunteer 


The charter, 
act of March 3, 
1870. Sec. 12. 


An"act for 
the benefit of 
Tie City of, 
Louisville, and 
toamendthe 
charter of said 
City. Approv- 
ed March 9, 
1868. Sec. 31. 


160 


CONTRACTS. 


may be made for the completion of the work provided for 
in said contract. And before or after the time for the 


completion of any work contracted for by The City shall 


have expired, it shall be lawful for said Council to extend 
the time beyond the end of the then fiscal year; and 
whenever any contractor with said City shall not have 
completed the work he had contracted to do in the time 


and must suffer; for every party contracting with a corporation must take 
notice of any want of authority which the public records would show; persons 
dealing with a corporation, the mode of whose action is limited by the charter, 
must take notice of the restrictions and see that the contract is made in the 
manner authorized by the charter; persons dealing with the corporation of 
The City of Louisville, through its officers, are bound to take the same notice 
of its laws and ordinances that a citizen of the State is with reference to 
legislative enactments.—Jb. If laws are enacted by the City legislature pre- 
scribing the manner in which contracts for the improvement of streets are to 
be made, everyone contracting for the construction of these inyprovements 
within the City limits is presumed to know the law regulating the manner 
in which such contracts are made, and must see to it that the parties he con- 
tracts with can legitimately exercise this power.—Ib. The fact that the 
contract was not presented to or approved by the Council is conclusive that 


‘no contract was made, and the party executing the work under the agreement 


with the Mayor alone has no remedy against The City.—Jb. Persons dealing 
with a municipal corporation are bound at their peril to know that the con- 
tracts made by the officials of such corporation are made in the mode pointed 
out by the charter and ordinances; and if they fail they must suffer the con- 
sequences; for, one dealing with an agent whose powers he knows are limited, 
deals at his peril, whether the limitation be as to the: extent ot the agent’s 
powers or the mode of their execution.—Craycroft v. Selvage, 10 Bush, 696; 
and Redd & Bro. v. Walker, Court of Appeals, Jan. 8, 1875, unreported. Those 
who deal with the servants or officers of a corporation created by statute, that 
is, a public corporation, are bound to take notice of the powers conferred by 
the act of incorporation. It is quite different in ordinary cases, where the 
power of the agent is known only to himself and his principal.—Sandford v. 
McArthur, 18 B. Mon., 411, Contracts with a city are void where the coun- 
cil had the power to contract in a particular way only, and contracted other- 
wise.— City of Covington v. Woods, Court of Appeals, June 25, 1881, unreported. 
And a party contracting with the city is presumed to know the law regulat- 
ing the mode of contracting.—Jb. So, when there was a qustion as to the 
compensation to the builders of a public bridge and it was shown that the 
bridge had been used by the public as soon as it was in a condition to be used, 
the court held that the fact of such use did not authorize an inference that 
the work had been accepted as built according to contract.—Moore et al. v. 


Caruthers § Applegate, 17 B. Mon., 669. However, the Court of Appeals 


has recognized the liability of a corporation upon an implied promise. The 
old rule was that an implied assumpsit could not be maintained against a 
corporation, as such a body could contract only under a corporate seal, but 


ei 


CONTRACTS. 


161 


stipulated in the contract, or within the time as extended 
but otherwise in compliance with the contract, said Council 
may, if they think proper, accept the work, and such an 
acceptance shall be as proper and lawful as though the 
work had been done within the time stipulated in the 
contract. 


this rule did not apply to acts and votes at corporate meetings, and the later 
doctrine is that they may be bound by express promises made by their au- 
thorized agents, and that promises may be implied from their acts or the acts 
of their agents.—Frankfort Bridge Co. v. City of Frankfort, 18 B. Mon., 41; 
citing Lee v. Flemingsburg, 7 Dana, 28; and Commercial Bank of New Orleans 
v. Newport M’f’g Co., 1 B. Mon., 14. But in order to bind a corporation by 
an implied promise, acts of the corporation, or acts of an authorized agent 
within the scope of his authority from which the promise may be implied, 
must be shown.— M?. 8S. § J. T. R. Co. v. Looney, 1 Met., 550. The City of 
Covington was held not liable for the rent of a house used for storing the 
arms of a company of the State Guard, in the absence of a contract or order 
of the city authorities in their official capacity for the renting of the house.— 
Drexelius v. City of Covington, Court of Appeals, Sept. 23., 1882, unreported. 
Nor could The City of Louisville be held under any implied legal obligation 
to pay a lawyer for framing or drafting laws for it—Louwisville v. Baird, 15 
B. Mon., 246. But the Court of Appeals said in another case, “ There is no 
reason why an agent of a municipal corporation, acting within the scope of 
his authority, may not bind his principal in the.same way as if he were the 
agent of a natural person. There is in fact no distinction, unless the act of 
incorporation expressly prescribes the contrary.”— City of Covington v. Cov. 
and Cin. Bridge Co., 10 Bush, 69, And, later, it is held that a municipality 
is as much bound by an implied contract, when it is within its corporate 
power, as an individual.— Paducah v. Calhoun, 78 Ky., 323. Under a contract 
to make an embankment of specified dimensions, at so much per cubie yard, 
the contractor is entitled to recover for extra filling required to be made in 
order to reach a permanent foundation, having to go to a greater depth than 
that contemplated by the engineers upon whose report the contract was 
based, it appearing from the terms of the contract that the measurements 
fixed therein were intended merely to approximate, and not to govern or 
effect the final estimate of the work.— Henderson's Assignee v. City of 
Louisville, Court of Appeals, Nov. 2, 1882, unreported. In general, an agent 
contracting for the government is not personally bound by such a contract, 
even though he would be by the terms of the contract in a mere private 
agency; the presumption being that credit is given to the government rather 
than to the individual. And this principle and presumption apply to all 
contracts executed by government or public agents in their own names, and 
purporting to be made by them in behalf of the government or public, 
whether simple, parol, or written, or under seal. Otherwise, where such 
agents waive their official immunity and -assume a personal Hability.— 
Murray et al. v. Carothers et al.,1 Met., 71. So, where a party contracted 
with others whom the contract showed to be commissioners of a county 
11 


162 


Ordinance, 
passed Feb. 27, 
T8iTs PAB eer a7 
et seq. 


CONTRACTS. 


3. All public works ordered by The City, unless other- 
wise directed, shall be let by the Mayor, under advice of 
the City Engineer, to the lowest best bidder. Bids for 
such work shall be according to form furnished by the 
City Engineer, and signed by the contractor and his 
sureties (who shall not be parties to such contract), and 
inclosed in a sealed envelope indorsed with the style of 


court, and acting under an order of that court, the extent of their authority 
under the order is presumed to be as much a matter within the knowledge of 
one party as the other; and, although the order confer no authority upon the 
commissioners to make the contract, they are not personally responsible upon 
it, unless a personal undertaking be otherwise established—Jb. A, the City 
Clerk, purchased from B certain goods, believing that The City was respon- 
sible, and B, so believing, charged them to The City, but, upon discovering 
his mistake, brought suit against A for the value of the goods, alleging 
that they were purchased at his instance and request. Held, that B was 
entitled to a recovery.— Williamson v. Morton § Co., April 1, 1882, 
unreported. As to the non-liability of officers and agents cotracting as such, 
see also Hunter v. Miller's Ex’trs, 6. B. Mon., 619, and cases there cited; 
Carson v. Lucas, 13 B. Mon., 213; Taylor, Shelby et al. v. Williams, 17 B. 
Mon., 492; Church v. Graham, June term, 1857, unreported. When one has 
made a valid and binding contract with a corporation through its agents, and 
suffered loss by the neglect of the corporation to perform some act or 
discharge some duty with reference to the contract of which the contracting 
party is not required to take notice, the corporation is liable; or where such 
a contract has been violated by the corporation, the right of the contracting 
party injured by this non-compliance to recover damages is unquestioned.— 
Murphy v. City of Louisville, 9 Bush, 189. 


The unreported opinion in the case of Lyter v. City of Louisville, Court of 
Appeals, Feb. 28, 1880, is as follows : 

“The specifications defining the nature of the work, and made part of the 
contract, provide that no allowance will be made for caving or sliding unless 
it is caused by some alteration by the City Engineer in the depth or width 
of the trench, and not by the peculiarity of the soil. For any extra work 
the Engineer’s estimate of the cost and ten per cent. added is the amount to 
which the appellant is entitled. By the terms of the contract the appellant 
undertook to complete the work within ninety days unless further time was 
given him by the City authorities. It was certainly contemplated by all 
parties when the contract was made that, the time for fulfilling it was 


_ ample, and but for the prevention of its execution by the sudden or 


unexpected rise in the river it perhaps would have been completed 
within the time limited by the contract. The City, however, permitted 
its completion after the time had elapsed, and received it, as it now 
contends, under the contract, and there is no reason why appellant 
should not recover if The City has failed to pay him. Much of the 
work had been done- by, appellant within the ninety days, but by reason of 


CONTRACTS. 


the work, and not to be opened until the day fixed for 
closing the bids, and then by the City Engineer, in the 
presence of the Mayor, when the lowest best bidder 
shall be accepted if the sureties are approved. 


4. If the person to whom the work is awarded. fail 
within ten days to enter into contract as aforesaid, the 
Mayor may award the contract to the next lowest 


——————— 


the cessation of the work, made necessary by the high water, there was no 
labor performed under the contract from November, 1873, until June, 1874, 
and when the appellant began his work in June he found the trenches filled 
with sand, the sides or banks of the trench fallen in go as to require much 
labor and a considerable expenditure of means to place the bank in the con- 
dition it was in November, 1873. It is insisted that much of this extra labor 
was caused by permitting the water from Paddy’s Run to escape through this 
sewer so as to drain a large area of ground, and that this constant flow of 
water caused the banks to cave in and additional excavation necessary. That 
this fact contributed to increase the labor and expenditure by appellant we 
think is established, but that much of the extra labor was caused by the over- 
flow from the river, and the springs that made their appearance within the 
sewer, and the washing caused by the rains during the winter and spring is 
equally certain, and the appellant having received cost for this extra labor, 
with ten per cent. added, we cannnot well see why he should complain. The 
extra excavation and extra work was not the result of any alteration made 
by The City or its Engineer, but was caused by the washings through the 
sewer, and in it after the work has ceased in the fall of 1878. This made the 
extra work and extra excavations necessary, and as the misfortune caused by 
the high water has resulted in loss to both parties, although The City may, 
by its action have increased the amount of labor necessary to its completion, 
we think the appellant has been fully compensated by the payment to him 
of the value of his labor, and ten per cent. added. If there had been no rise 
in the river, and the banks had caved in, or the springs made their appear- 
ance and injured the work within the ninety days, it would have been the 
duty of the contractor to have still complied with his contract without extra 
compensation, and when the time for completing the work has expired, and 
he receives this extra compensation based on the idea that The City con- 
tributed to produce the causes resulting in the loss, we think he has received 
all that he is entitled to in this particular. It appears, however, that in the 
execution of this work the appellant purchased fourteen thousand feet of 
dimension lumber at the price of sixty-five dollars per thousand; that this 
lumber was hauled on the ground he used in making an apron for the 
sewer. The specifications provided for this lumber, and it seems to be useless 
for any other purpose. The City dispensed with the white-oak apron and 
substituted another, leaving the timber on the ground and of but little if any 
value to the appellant. Although The City had the right to change the 
work as to the mode of execution, it was too late after the lumber had been 
hauled upon the ground to say to the appellant we will dispense with the 


163 


164 


CONTRACTS. 


responsible bidder, or advertise for new proposals, as_ to 
the judgment of the Mayor and City Engineer may seem 
best for the interest of The City and property-holders. 


8. Any bidder failing to enter into contract as herein- 
after provided, or to fulfill any contract entered into by 
him with The City, shall not be allowed to bid again for 


lumber, and you (the contractor) are entitled to no compensation. It should 
have been, and must be regarded (the delivery of this lumber) as a part of the 
execution of the work, as much so as if The City had ordered the white-oak 
apron taken up after it had been laid in the trench, and while the change 
may have been proper, with the right on the part of The City to make the 
alteration, it must pay the appellant the damages he has sustained. The 
lumber is the property of The City and its value should be accounted for to 
the appellant—that is, nine hundred dollars, with interest from the filing of 
the petition. There is no dispute that the lumber was dispensed with and 
that it was left on the grounds, or if not, the testimony is conclusive on this 
point. Wesee nothing in this case authorizing any damages for the appellant 
other than the value of the lumber. He received upwards of four hundred 
dollars for extra work, and in this sum is included eight hundred and sixty- 
four dollars for sloping banks and opening trench. The judgment is reversed 
and cause remanded with directions to enter a judgment for the appellant for 
nine hundred dollars with interest from the date of filing the petition.” 


The unreported opinion in the case of Higdon et al. v. City of Louisville, 
Court of Appeals, Sept. 9, 1880, is as follows: 

“Several questions are presented by the assignment of errors, but only two 
are insisted upon in argument. They are: (1) Are the appellants entitled 
to be paid for three inches of gravel placed on the streets improved by them, 
and which they claim is in excess of the requirement of the contracts? 
(2) Are they entitled to be paid the same price per square for block-stone 
used on that part of the streets for which The City furnished bowlders that 
they were to receive per square where they furnished the bowlders? The 
general ordinance, approved June 27, 1876, prescribing the manner of improy- 
ing streets with bowlder-pavement was made part of all the contracts, and 
must be resorted to in order to determine the rights of the parties. That 
ordinance provides, under the head of grading, that ‘The graded surface 
shall be dressed down to a depth of fifteen inches below the top surface of 


‘the street when completed’— Section 2. It is therefore manifest that the 


appellants were only bound to construct a pavement which should be fifteen 
inches in thickness from the graded surface to the top surface of the street 
when completed, and it is equally clear that if the top of the ground required 
to be spread over the bowlders is the ‘top surface of the street’ within the 
meaning of the language just quoted from the ordinance, the appellants 
have placed on the street three inches of material in excess of the require- 
ment of their contract. But if, as contended by The City, the top of the 
bowlders is the top surface of the street within the meaning of that language, 
they have done no more than their contract required. Section 3 of the 


CONTRACTS. 


the term of one year, unless the Council shall remove the 
disability before its expiration. 

6. Every City contract after being fully signed shall be 
attested by the City Engineer or by the office assistant 
designated by him, and submitted to the General Council, 


whose approval shall be necessary to make the contract 
complete and binding on The City. 


ordinance provides that the General Council may require broken stone to be 
placed in the graded surface, but if they do not so require, that good, hard 
gravel shall be placed in its stead to such depth ‘as to allow the bowlders 
being laid true to the cross-section.’ Under the head of Bowlders it is pro- 
vided that the bowlders shall be set upon this bed of gravel, and that ‘after 
the bowlders have been thus set the spaces between them are to be filled 
with fine gravel, and after being swept clean they are to be well rammed,’ 
etc. ‘The surface ot the street is to be covered with fine gravel and again 
swept clean and the second time rammed, until the bowlders are firmly 
secured and forced down even and regular to the proper crown, grade, and 
section; again covered with gravel, and swept clean and rammed the third time; 
or the surface shall be rolled or rammed as the General Council may direct. 
The surface is then to be covered to a depth of three inches with clean, fine 
gravel’—Section 7. This completes the street, but it seems to us, from the 
language of the ordinance just quoted, as well as from the name and char- 
acter of the improvement, and the evident purpose for which the gravel is 
required to be placed on the top of the bowlders, that the top of the gravel 
is not the top surface of the street when completed within the meaning ot 
Section 2 of the ordinance. The frequent reference in Section 7 to the surface 
of the bowlders as the surface of the street seems to render it certain that 
this was regarded as the top of the street, and the requirement that the 
surface shall be covered with gravel was not with any view to raising 
the surface of the street three inches higher, but for the purpose of providing 
a temporary protection to the street until the whole mass shall become 
amalgamated, and at the same time to provide material to be driven down 
by travel so as more effectually to secure the bowlders in their places. It 
was urged in argument in favor of appellants’ position that other streets had 
been improved with bowlder pavement, and they did not measure more than 
twelve inches from the surface of the bowlders to the surface of the grade, 
and there is evidence conducing to prove that this is true. But those streets 
were not improved under this ordinance, nor is the ordinance or contracts 
under which they were made before us. Consequently we are not able to 
say that the authorities of The City have ever given a different construction 
to this or to a similar ordinance from that insisted on in this case. As 
already stated, this ordinance was approved June 17, 1876, and these con- 
tracts were entered into June 22d, only five days after the ordinance was 
passed. By the terms of the contracts the contractors were to furnish all 
the material placed upon the streets between the curbing, except footway 
crossings, and except further, that The City had the privilege of furnishing 
bowlders; and the contracts stipulated that the contractors should receive a 


166 


CONTRACTS. 


@. The City Engineer shall report to the Council all 
violations of contracts for work to be done or materials to 
be delivered, and may suspend the execution thereof when 
the contractors fail to comply with their terms or with the 
Engineer’s direction consistent therewith ; and whenever 
for any cause said Engineer shall suspend the execution 
of any work he shall notify the Council thereof at their 
first meeting after said order of suspension; and when 
he shall direct the work to be resumed he shall also 
notify the Council thereof at their first meeting there- 
after. ; 

8. All contractors for work or materials ordered by The 
City shall, before their claims are presented, have the 
certificate of the City Engineer that the work has been 
done or materials furnished according to contract. The 
City Engineer shall not certify the account of any contrac- 
tor who has failed to prosecute or accomplish according to 
contract the work let to him, or who in any respect has 
violated the contract; nor shall he certify any contractor’s 
account in advance of his work, nor until all the refuse 
material and rubbish shall have been removed. 


certain sum per square where The City furnished bowlders, and a certain 
larger sum when they furnished the bowlders. When The City furnished 
bowlders the contractors were bound by the express word of the contract 
to furnish all other material except footway crossings, and the price they 
were to receive per square for labor and material furnished by them was 
ascertained and fixed in the written contract. Counsel claim that as the 
contractors received a larger price per square for the block stone used where 
they furnished the bowlders, they should also receive the larger price for 
stone furnished where The City furnished bowlders. We are not able to see 
upon what principle this should be. Suppose The City had furnished all the 
bowlders, would it not be too plain for argument that the contractors would 
still have been bound to furnish the necessary stone, and that they would 
only have been entitled to receive pay according to the price per square as 
fixed in the several contracts? And does it alter the principle that The City 
only furnished a part? The contractors agreed in effect that as long as The 
City would furnish bowlders they would furnish all other material except 
footway crossings, and make the street for a specified price per square; and 
The City agreed that for such part of the work as it did not furnish bowlders 
it would pay a larger sum per square, the price to be paid depending alone 
upon whether The City or the contractors furnished the bowlders. For 
these reasons the judgment must be affirmed.” 


a 


j 
“ 


eee ee Omari 


a 


CONTRACTS. 


9. The General Council may pass ordinances to procure 
the erection of bridges over Beargrass Creek, at the inter- 
section with said Creek, within the City limits, of any 
street now or hereafter established, and pay the cost of 
the same out of the City treasury. And the said Council 
may also pass ordinances to procure the improvement by 
grading and paving, or by grading and paving and mac- 
adamizing, or by grading and planking any street or 
streets now or hereafter established within the limits of 
The City, and pay the cost of the same out of the City 
treasury; Provided, that such improvement is deemed 
by said Council of general interest and importance to The 
City at large, and that the condition of property binding 
on the street proposed to be improved under this clause 
will not justify the making such improvement at the cost 
of the owners of said property. 


§GS> See CisTERNS, WELLS, AND HyprantTs —CLAiIms— County RELA- 
TIONS — ENGINEER—M ayor—PuBsiic WAyYS—RAILROADS. 


167 


The charter 
of March 24, 
Loli Att,vii, 
Sec. 10. 


CHAP Aun mae 


CORPORATE POWERS. 


CO NT ENA S 


1. The investiture by the General | hold, use, manage, improve, sell, con- 
Assembly of Kentucky, enumerating, | vey, rent or lease property, and (7) 
(1) the power to govern, (2) the power | the power to have a seal and change 
to contract, (3) the power to sue | it at pleasure. 
and be sued, (4) the power to defend 
and be defended, (5) the power to 
acquire property, (6) the power to 3. The City seal established. 


2. Division into three departments. 


‘ a ay t es- J, The inhabitants of the territory within the boundary 
ablishing a 


new charter hereinafter designated are hereby continued corporate by 
peer a Bee the name and style of The City of Louisville; a body 
BN Sas politic and corporate, with power to govern themselves 
1 et seq. ’ by such ordinances and resolutions for municipal pur- 
poses as they may deem proper, not to conflict with this 
charter, nor the constitution and laws of this State nor 
of the United States; with power to contract and be con- 
tracted with, sue and be sued, defend and be defended 
in all courts; to acquire property for municipal purposes 
by purchase or otherwise; to hold the same and all prop- 
erty and effects now belonging to said City, either in her 
own hame or in the name of others, to the use of said 
City, for the purposes and intents for which the same were 
granted or dedicated; to use manage, improve, sell, and 
convey, rent or lease, and have the like powers over 
property hereafter acquired; to have a common seal, and 
change it at pleasure, and act with or without a seal. ! 


1 All the legislative power of the commonwealth is, by the constitution, 
vested in the legislative department of the government, subject to no 


CORPORATE POWERS. 


169 


2. There shall be in said City a legislative, an execu- 
tive, and a judicial department. Officers of one of said 
departments shall not act in another, except as permitted 
in this charter. 

3. The present seal of The City of Louisville, on which 
is the device of a steamboat ascending the falls, with the 
motto ‘‘Perseverando,”’ [is hereby] altered to one with 
the device of a locomotive under way, with the motto, 
‘¢ PROGRESS.” 


BOUNDARY AND SUBDIVISION — GEN- 


Bas? See AcTS AND ORDINANCES 
ERAL Counctt—PoLick —TAXATION. 


restraint except such as is imposed by the fundamental law, its own wisdom 
and responsibilities. It carries the law into effect by extrinsic agencies, by 
the executive alone,or in conjunction with the judicial, or it may create 
other agencies, as is done when the object is to accomplish local or individual 
purposes; as county courts, trustees of towns, etc.— Slack v. Maysville and 
Lexington R. R. Co., 13 B, Mon., 1, The State is divided into subordinate 
' communities, or quasi-corporations, as counties, cities, towns —each of which, 
to a prescribed extent, may regulate its own internal affairs, subject, however, 
especially in the exercise of the powers of taxation and the right of taking 
private property for public uses, to the same restrictions as the general 
legislature.— The City of Lexington v. McQuillan’s Heirs, 9 Dana, 513. The 
authority of the legislature to establish municipal corporations and to dele- 
gate local powers to them is not to be doubted; but no greater power can be 
delegated than might have been exercised by the legislature itself. The 
legislative authority over this subject, though extensive, is not altogether 
arbitrary, but is subject to certain limitations and restrictions, among the 
most conspicuous of which are the constitutional provisions which guaranty 
equality, as far as attainable, and the security of property from irre- 
sponsible power, and which require that taxation shall be general and 
uniform.—The City of Lexington v. McQuillan’s Heirs, 9 Dana, 513. Aud 
see Sutton’s Heirs v. The City of Louisville, 5 Dana, 28. Cities and towns 
are creatures of the State legislature, and the power exists in that depart- 
ment to abolish the courts within cities or towns, or even to destroy the 
corporate existence, by repealing the charters, except always that such 
abolishing or destroying can not be with the effect of relieving such corpora- 
tions from their liabilities to others.— Boyd v. Chambers, 78 Ky., 140. Nor 
does the fact that a city or town was in existence at the time the State 
constitution was formed take from the legislature the power to legislate so 
as to destroy, if necessary, the city or town government.— Boyd v. Chambers, 
7S Ky., 140. Municipal corporations are agencies of the sovereign authority 
of the State, and can exercise no powers but those which are conferred upon 
them by the act by which they are constituted, or such as are necessary to 
the exercise of their corporate powers, the performance of their corporate 


Ordinance, 
approved May 
8, 1861. 


CORPORATE POWERS. 


duties, and the accomplishment of the purposes of their incorporation.— 
Henderson and others v. City of Covington and others, 14 Bush, 312. No 
power can be implied in favor of a municipal corporation which does 
not -pertain to matters which peculiarly concern the local public, and 
without which those local affairs committed by the State to the cor- 
poration can not be properly attended to.— Patton v. Stephens, 14 Bush, 324. 
The legislature has the power to vest in municipal corporations the power to 
m:ke ordinances and by-laws for the preservation of good order not incon- 
sistent with the constitution and laws of the State, and confer power to enforce 
them.— Williamson v. Commonwealth, 4 B. Mon., 146. And the legislature 
may constitutionally clothe such corporations with the power to proceeed 
in the name of the city against violators of its ordinances.—Jb. But 
a power vested by the legislature in a city corporation to make by-laws for its 
own government can not be taken as conferring impliedly a power to repeal 
March v. Common- 
wealth, 12 B. Mon., 25. The legislature has in Kentucky the power of granting 
the charters of incorporation, or conferring such power on other authorities.— 
Cheaney v. Hooser, 9 B. Mon., 330. When atown has been built and peopled 
the legislature has the power to grant an act of incorporation without the. 
assent of all its citizens, or even a majority.—Jb. And the legislature has 
power under the constitution to add territory to a town already established 
upon the same principle that it may incorporate atown.—Jb. The municipal 
corporation of Louisville, though itself a civil institution, created and 
employed to some extent as an instrument of the government, is yet not the 
government, and may acquire corporate rights which the government | 
may not control. Such was the right to the property conveyed by 
The City to the University,—though public property in regard to Louis- 
ville, it was not so in regard to the State-——City of Louisville v. 
President and Trustees of the University of Lowisville, 15 B. Mon., 642. 
The legislature has not an unrestrained power of legislation over charters 
granted to corporations for educational purposes, though a part of the funds 
be granted by a city or a local public—IJb. The power conferred upon city 
authorities must be exercised in conformity with the general law, and even 
though the Louisville City charter of 1851 gave the Council the power to 
license taverns in The City, with or without the power of retailing spirituous 
or fermented liquors, and also to license coffeehouses wherein such liquors 
might be sold by retail, yet the law enacted in 1854, requiring the giving of 
bond in the County Court, taking of oath, and payment of tax, was to be 
observed.— City of Louisville v. Kean, 18 B. Mon., 9. The city government 
has the general power to’so regulate the use and enjoyment of private property 
in the city, as to prevent its proving pernicious to the citizens generally ; 
and it may, when the use to which the owner devotes his property becomes a 
nuisance, compel him to cease to so use it, and punish him for refusing to 
obey its ordinances or regulations concerning such use.—Lowisville City 
dailway Co. v. City of Louisville, 8 Bush, 415. The powers of a municipal 
corporation will be construed most strictly against it in favor of the public. 
| The distinction between the corporation and the public being for conveni- 
ence only, and by no means ever amounting to a difference].— Wheatley v. 
City of Covington, 11 Bush, 18. A municipal corporation possesses no powers 
except those expressly granted, or necessarily implied from, or incident to, 
such as are expressly granted.—Johnston v. Louisville, 11 Bush, 527. Courts 


the laws in force, or to supersede them by ordinances 


CORPORATE POWERS. 


of equity will not interfere to prevent municipal authorities from mak- 
ing illegal uses of their powers, or restrain them from attempted enforce- 
ment of unauthorized municipal regulations or ordinances, unless it 
should become necessary to prevent a multiplicity of suits or irrepar- 
able injury, or unless the proceeding sought to be annulled or corrected 
is valid upon its face, and the alleged invalidity consists in matters 
to be established by extrinsic evidence. So, where a special act of 
the legislature authorized certain persons to erect and keep a wharf 
in Catlettsburg, and after they had constructed it an ordinance of the 
town was adopted requiring all. boats arriving in port to land at the 
public landing, unless a permit to land elsewhere were secured, the 
courts below and above refused an injunction against the trustees of 
the town.—Brown and others v. Trustees of Catlettsburg, 11 Bush, 435, 
When a statute gives a new right or a new power and _ provides a specific, 
full, and adequate mode of executing the power or enforcing the right given, 
the fact that a particular mode is prescribed will be regarded as excluding 
by implication the privilege or liberty to resort to any other mode of execut- 
ing the power or of enforcing the right. If the remedy given by statute 
be not adequate there will be no implication that it was intended to be 
exclusive, and resort may be had, for the execution of the power or the 
enforcement of the right, to the ordinary process of the law, 7. e., judicial 
proceedings.— Johnson v. Louisville, 11, Bush, 527, “It isa matter of great 
difficulty to draw the exact line of demarcation between executive and 
judicial powers, and of still more difficulty to define with accuracy how far 
executive officers in the discharge of executive or ministerial duties may 
bind the other departments of government by the exercise of quasi-judicial 
functions. But we regard it as an indisputable proposition that where the 
inquiry to be made involves questions of law as well as of fact, where it 
effects a legal right, and where the decision may result in terminating or 
destroying that right, the powers to be exercised and the duties to be 
discharged are essentially judicial, and are such as can not constitutionally 
be delegated to or imposed upon executive officers.” — Commonwealth v. Jones, 
10 Bush, 725. In Speed & Worthington v. Crawford, 3 Met., 207, the question 
was distinctly raised whether the statute clothing the police board with the 
power to appoint policemen and to try policemen for violation of law or 
neglect of duty was not unconstitutional by reason of its containing executive 
and judicial powers, and the Court of Appeals refused to decide it unconstitu- 
tional. The Court of Appeals gave, in Patton v. Stephens, 14 Bush, 324, this 
general rule: “In the absence of express statutory authority the governing 
bodies of municipal corporations can expend the funds of the corporation 
only in the discharge of corporate duties or obligations, or in the furtherance 
of the objects for which the corporation was created. It will not do to say 
that a municipal corporation had power to do an act or to expend the city 
revenue because the thing done, or to accomplish which the fund was 
expended, can be shown to tend in some degree to benefit the city. 
Such a method of ascertaining the extent of the powers of corporate bodies, 
would expand their authority far beyond legitimate bounds. Such a rule has 
not been and can not be, with safety, adopted.”—Patton v. Stephens, 14 Bush, 
24. The Covington city council had no power to authorize the mayor of 
the city to offer a reward for the arrest of the city treasurer, who had been 
indicted for forgery and for the embezzlement of the funds of the city; and 


17] 


Ere 


CORPORATE POWERS. 


at the suit of tax-payers the council was enjoined from paying such reward 
and also from paying the expenses of arrest and extradition of said treasurer 
from the Dominion of Canada.—J6. A municipal corporation can not expend 
money except for objects expressed in the charter, or for purposes necessarily 
connected with those objects.—Jb.; and Lee v. Trustees of Flemingsburg, 7 
Dana, 28. It is no part of the duty or object of a municipal corporation, as 
such, to bring to justice offenders against the laws of the State; and power to 
offer rewards for the arrest of criminals is not an ordinary corporate power 
nor an incident to such power.—-Ib. The city council of Covington had no 
power to appropriate the revenues of the city to obtain an increase of the 
powers of the corporation through persons sent by the council to appear 
before the General Assembly of the State and before Congress at Wash- 
ington.— Henderson v. Covington, 14 Bush, 312. A municipal corporation can 
not make use of the property of a corporation within its limits for municipal 
purposes without compensation to that corporation, and in case such use is 
made by a municipality, compensation will be due although the corporation 
have no charter right to contract for or permit the particular use in question. 
—Frankfort Bridge Co. v. City of Frankfort, 18 B., Mon. 41. Trustees of 
towns have no power to convey ground which has been dedicated to the use 
of the public; and whether the legislature can constitutionally authorize them 
to do so, is questionable—City of Covington v. McNickle’s Heirs, 18 B. Mon., 
262, citing Buckner v. Trustees of Augusta, 1 Marsh., 9; Louisville v. Bank of 
the U.S., 3 B. Mon., 157. But see Transylvania Univ. v. Lexington, 3 B. 
Mon., 8. Though Hancock v. Johnson, 1 Met., 242, is mainly constructive of 
asection in the Henderson city charter, it yet states a general rule in regard 
to liability for injuries to private property from the making of public 
improvements, namely, that for consequential injuries and damage, the 
mayor and council and other municipal officers in their individual capaci- 
ty, can never be subjected to lability; they are liable only in cases of 
gross negligence and abuse of power, and in the latter class of cases the city 
in its corporate capacity is certainly exempt from responsibility. So that 
the liability of each party is necessarily exclusive. A city corporation 
is not responsible to the owner of property consumed by fire, on the 
ground that the city failed to keep cisterns filled with water and the 
fire-hose in good repair whereby a fire might have been extinguished.— 
Patch v. City of Covington, 17 B. Mon., 722. For, in order to authorize the 
recovery of damages for an act of omission or commission, the injury com- 
plained of must be the direct, or at least the proximate and natural conse- 


quence of the act complained of. It will not do to carry the rule to every 


consequence, however remote, which may be traced to the particular act or 
omission.—Ib. See Bosworth v. Brand, 1 Dana, 377; King v. Shanks, 12 B. 
Mon., 420; and Prather v. Lexington, 13 B. Mon., 561. Municipal corpora- 
tions are liable to indictment; the ancient doctrine that corporations were 
not liable to indictment has been modified in modern times, and the tendency 
now is to assimilate corporations as to their duties and responsibilities as far 
as possible to individuals.—City of Paris v. Commonwealth, Decided by the 
Superior Court Jan. 10, 1883. A corporation, as a general rule, can be 
indicted for a non-feasance in not carrying out the provisions of its charter, 
and for such misfeasances as are neither treasonable, felonious, nor attended 
with violence; but to be indictable for a non-feasance the corporation must 
have the power to do the thing omitted, and for a misfeasance the act 


CORPORATE POWERS. 


done must come within the scope of its corporate duty.—Jb. There is no 
distinction between municipal and other corporations in this respect except 
so far as the legislative and judicial powers of the former. are concerned. 
These are governmental functions, and in their exercise the corporation is a 
part of the sovereignty, and in respect to them can neither be indicted for a 
misfeasance nor a non-feasance; but whenever the ministerial powers or 
duties of municipal corporations are involved, they stand before the criminal 
law upon the same footing with all other corporations.— Jb. 


173 


The charter, 
act of March 
d, L870,~ “Sec, 


99. 


An act to 
authorize ac- 
tions between 
the County of 
Jefferson and 
Lhe Oity of 
Louis y ia Ke: 
Approved Mar. 
3, 1856. 


“tween The City and County. 


CELALB TE Ray EF 


COUNTY RELATIONS. 


CONTENTS: 


1. The Council may contract with 7. Presiding Judge; called meet- 
the Jefferson County Court in rela- | ings. | 
: Ras at oncatent ie ‘ ; 
tion to the joint interests of The City 8. Making of contracts restricted. 


and County. 
: “ 9. Votes of members of the Court 


regulated. 
10. Contracts relative to joint ex- 
penses of The City and County. 


2. Actions at law authorized be- 


8. The County Levy Court; of 


whom composed. 

4. Times of meeting; compensa- 
tion. 

5. Approval of contracts; restric- 
tion. 


6. Rules and regulations concern- 
ing a sinking fund and finances. 


11. Repeal of all former acts within 
certain provisions 

12. Control and maintenance of the 
Jail. 

13. Duties and liabilities in refer- 
ence thereto. 

14. Actions for damages. 


1. In all matters wherein The City of Louisville and 
County of Jefferson are interested jointly as to public 
buildings, grounds, or other matters, the General Council 
shall have authority to contract.and agree with the 
Jefferson County Court as to the mode of adjusting the 
same, and providing for all expenses and arrangements 
in relation thereto. 


2. The County of Jefferson shall have power and 
authority to institute any suit or suits in the Jefferson 
Circuit Court, or the Louisville Chancery Court, against 
The City of Louisville for the recovery of any claim or 
claims which are due or may become due from said City 
to the County, growing out of any contract or contracts 
now in existence, or which may hereafter be entered into 


COUNTY RELATIONS. 


between the authorities of each of said parties; and said 
City may also sue said County; and service of process on the 
presiding Judge of said County Court shall be sufficient; 
or they may make an agreed case in relation thereto, 
under the general law; and each of said Courts has and 
is hereby clothed with authority and jurisdiction over 
the cases; and either party shall have the right to appeal 
from the judgment or decree of said Court so rendered 
in the manner now prescribed by law. 


3. The ‘‘ Levy Court” for Jefferson County shall be 
composed of all the Justices in commission who reside in 


said County, outside of The City of Louisville, and a 


majority of said Justices shall constitute a quorum to 
transact the business of the Levy Court. 


4. The said Levy Court may meet from time to time, 
not exceeding six days in each year, to lay said levy, and 
each Justice of the Peace attending said Levy Court shall 
be allowed three dollars per day [for each day he is] in 
attendance, to be paid out of the county levy. 


9). All contracts made by Jefferson County shall be 
acted upon and approved by a court of the Justices of the 
Peace for said County living outside of the limits of said 
City of Louisville, a majority of whom shall constitute a 
quorum to transact business, and the consent or approval 


oi a majority of said Justices shall be sufficient to make,’ 


approve, or consent to any such contract; Provided, said 
Court shall have no power to make, consent to, or approve 
any contract except such es is now authorized by law or 
is authorized by this act. 


6. Said Levy Court may establish and adopt rules and 
regulations to create and manage a sinking fund for said 
County, and may adopt and establish rules and regula- 
tions to manage the financial affairs, and also the interests 
of said County and Court; and the presiding Judge of said 
Court may appoint a commissioner to look after and 
superintend the financial and other interests of said 
County and Court, and may require and take a covenant, 


At ae TOL 
amend an act 
to establish the 
Levy and 
County Court 
for Jefferson 
County. Ap- 
proved Feb. 28, 
1867. 


176 


COUNTY RELATIONS. 


payable to the commonwealth of Kentucky, for the use 
of said County from said commissioner or other agent 
of said County, with good security, ‘‘well and truly to 
perform the duties and obligations required by said rules 
and regulations governing said office, or commissioner, or 
agent,’? and such covenant shall be binding upon and 
enforceable against the principal and his sureties, and 
may be sued upon from time to time by order of said 
Court. | 

7. The County Judge shall be the presiding officer of 
said Court and, in his absence, refusal, or inability to act, 
said Court may elect a chairman pro fem., who shall have 
the power of the president of the Court; and said County 
Judge may call a meeting of said Court for any County 
business, or such meeting may be called by the Clerk of 
the Court, upon the written application of not less than 
three of said Justices residing outside of said City limits. 


8. All contracts made by said Court, which involve an 
outlay or cost of more than one hundred dollars, the 
yeas and nays shall be taken by the Clerk and recorded 
with the contract upon the records of the Court; and no 
member of the Court shall vote on any proposition in 
which he is interested, or of near kin to the party inter- 
ested in the contract or appropriation. 


9. The Judge of said Court and Justices of the Peace 
residing within The City of Louisville shall not vote on 
any question connected with the said levy or appropria- 
tion of money, under any contract made by said County 
or Court; but said Judge and Justices residing in The 
City of Louisville shall’ have the right to vote in the 
election of any County officer now or hereafter elected by 
said Court; and the County Judge or Clerk of said Court 
shall cause all of the Justices of the Peace for said 
County to be notified by the Sheriff of any such election, 
and designate the day of election, which shall be within 
five days from the issuing of the notice, and shall be on 
the day fixed by law; and if not fixed by law, then within 


COUNTY RELATIONS. 


ten days from the expiration of the term or vacation in 
the office. 

10. It shall be lawful for the General Council of The 
City of Louisville and the Levy Court for Jefferson 
County to make and enter into a contract by which to 
determine the proportion each shall pay of all annual 
joint expenses of said City and County, not including 
the salaries of officers, but shall enter into no contract 
for a period longer than five years. If the said City 
through its General Council, and said County through 
its Levy Court, shall fail to enter into a contract as 
provided in the foregoing Section, then the Levy Court 
of said County is hereby authorized and empowered to 
levy a like poll-tax upon all male persons twenty-one 
years of age residing in said City, in the same manner as 
if they resided without said City and in said County. 
That the salary of the Judge of said County Court shall 
be twenty-five hundred dollars, and the salary per annum 
of the County Attorney one thousand dollars, payable 
quarterly; and the salary of said Judge and Attorney 
shall be part of the joint expenses of said County and 
City of Louisville, and paid as other joint expenses of 
said City and County;! that should said City fail, refuse, 
or neglect to pay a fair proportion of the joint expenses 
of the said County and City in any year, the said County 
Court may, in such year, levy a tithe-tax upon the 
citizens of said City sufficient to pay the fair proportion 
of said joint expenses chargeable to said City and County, 
which tax shall be listed and collected as the tithe-tax 
outside of the City tax-boundaries; and the Sheriff and 
his securities or Collector and his sureties shall be liable 
upon their official bonds as they are for county taxes. 


1 By authority of an act of 1864 the Jefferson County Court increased the 
salary of the County Attorney without the knowledge or concurrence of The 
City of Louisville, and the General Council having refused, on demand, to 
pay its proportion of the salary as raised, the incumbent brought suit against 
The City for the enforcement of his claim; the lower court decided adversely 
to him, but the Court of Appeals reversed the decision.— Wilson v. City of 
Louisville, 2 Duv., 499. 

12 


Std 


178 


An act con- 
cerning the 
County Jail of 
the County of 
Jefferson and 
The City of 
Louisville. Ap- 
proved Mar. 9, 
1868. 


COUNTY RELATIONS. 


11. The Jail in and. for the County of Jefferson and 
City of Louisville shall be controlled by the Mayor and 
General Council of The City of Louisville and the Levy 
Court of Jefferson County jointly, in the proportion 
fixed by the contract between said Court and Mayor and 
General Council for the payment of the cost of the 
erection of the new Jail. ? 


12. From the passage of this act it shall be the duty 
of the members of the Levy Court for Jefferson County, 
and the Mayor and members of the General Council of 
The City of Louisville, to erect and keep a sufficient 
County Jail in and for said County and City; on a 
failure to do so, each member of said Levy Court, and 
the Mayor of Louisville and each member of the General 
Council shall be liable to be indicted and fined in a sum 
of not less than fifty nor more than one hundred dollars. 
None of the persons herein named shall be so liable if it 
shall appear that he did not oppose the erection and 
keeping of a good and sufficient Jail. 


2'The unreported opinion in Camp v. City of Louisville, Court of Appeals, 


* January 6, 1877, is as follows: 
Y 0, 


“The fact that The City of Louisville and County of Jefferson erected a 
jail at the joint expense of The City and County did not change or affect the 
allowances to the Jailer, but only required that the expenses incurred should 
be contributed by each in such proportions as had been agreed on by the 
contracting parties. The items constituting this joint expense never entered 
into the agreement for the reason that the law authorized and designated the 
character of expenses to be incurred, and any other appropriation would 
have been without legal sanction. They were required to build and keep in 
repair a safe and suitable county jail, and were empowered to create such 
other expenses as were permitted to be made by statute and required to be 
paid out of the county levy. Neither the County nor The City had the 
right to use the public money or to burden the citizens with taxation for the 
purpose of paying all such expenses as they might see proper to create. We 
have been cited to no provision of the statute or to any local enactment that 
permitted the County Court of Jefferson, or The City and County combined, 
to make appropriations and incur expenditures that could not have been 
incurred by any other County Court in the State. The expenditures must. 
necessarily be greater in such a city than in the counties of the State, still 
they must be for the same purpose and within the authority conferred by the 
statute. No contract was ever made with the Jailer and none by The City 
and County except that such corporation agreed to contribute a certain pro- 


COUNTY RELATIONS. 


13. In any action by any person for damages received 
by reason of such failure the recovery shall be against 
the County Levy Court and The City of Louisville. The 
Court rendering the judgment to apportion the same 
between said County and City, in the same proportions 
as the fines provided in Section 1 hereof. * 


fas" SEE BoUNDARY AND SUBDIVISION— CONDEMNATION— CONTRACTS— 
Courts oF LAwW—INSPECTION, WEIGHTS, AND MEASURES — POLICE. 


portion to defray the expenses authorized by the statute in providing such a 
prison. The fact that the Jailer had been furnished with gas and water for 
many years can evidence no contract, as the Jailer has no right to demand, 
or the County and City to give, more than the law authorizes. It is the 
duty of the Jailer to furnish light and water, as much so as it is to furnish 
the prisoners with bread and meat. For the discharge of these duties the 
Jailer is amply paid by the fees allowed by the statute; and in the absence 
of any contract, express or implied, between the appellee and the Jailer, the 
only ground upon which to base a judgment for the appellant is the long 
continued exercise of an unwarranted power by The City of Louisville in 
making this improper expenditure. Its officials have no greater right to use 
the public money in this way than they could have to pay all the expenses, 
leaving to the Jailer the entire fees as the net income of his office. The 
means provided by The City and County for conveying water to the Jail 
and other conveniences connected with the building, lessen the labors of the 


Jailer in the discharge of his duties, but in nowise evidence the existence of ' 


a contract between him and The City. The judgment below is affirmed.” 


3 Section 11, preceding. 


179 


GAs Wald aa Bod Rt Oub hh 


COURTS OF LAW. 


GOR Loe ba. 


1. The charter provisions govern- 
ing the City Court superseded. 


2. To be a court of record; officers. 
3. Qualifications of the officers. 
4, Election and term of each officer. 


5. The Court’s jurisdiction and the 
powers incidental thereto. 


6. Power to cause arrests on charges 
of felony; to hear, determine, admit 
to bail, or take recognizance in such 
cases; the powers to be identical with 
those of the County Judge. 


7. Power to hear complaints for 
breaches of the peace and require 
security for good behavior. 

8. Power to hear and determine 
complaints for breach of ordinances 
and violation of penal laws, and to 
impose fines and penalties; fines ex- 
ceeding twenty dollars to be imposed 
as the result of trial by jury. 


9. As an examining court in felony 
cases. 
10. When to be open for business as 
a court of inquiry. 
11. May prescribe rules. 


12. Duties, oath, and salary of the 
Judge. 


13. Judges pro tempore. 

14. Disqualification of a Judge. 

15. Place of holding court. 

16. The Clerk of the City Court; 
his oath, bond, powers, penalties. 

17. Vacancies; how filled. 

18. Neglect of certain duties a mis- 
demeanor; fine. 


19. Power to issue mesne and final 
process. 


® 


20. Prosecuting Attorney; his oath 
and duties. 

21. Attorneys pro tempore; oath 
and compensation. 

22. Marshal; his oath, bond, and 
duties. 


23. Deputies. 

24. May take bail; liability. 

25. Commitment to the Work- 
house on capias pro fine. 


26. The modifying, setting aside, 
and annulling of orders of court. 


27. Appeals. 


28. Warrants for arrest in cases of 
misdemeanor. 


29. Application of moneys paid by 
defendants. 

30. Fines, fees, and commissions 
to be kept in an account-book, which 
shall be open to inspection. 


31. Witness fees. 


32. Power of the Mayor and Coun- 
cil to remit fines. 


33. Jurisdiction of the Court. 


34. Trials without and with a jury; 
holding to bail and imposing of fines; 
commitments to prison. 

35. Preliminary examinations; bail 
bonds and recognizances; monthly 
terms of Court. 

36. Authority of policemen to exe- 
cute warrants, subpoenas, and attach- 
ments. 

37, Amendment of Section 14, rela- 
tive to Judges pro tem. 

38. Amendment of Section 23, rela- 


tive to vacancies in the office of 
Marshal. 


COURTS 


39. Compensation of the Prosecut- 
ing Attorney. 

40. Fees of the Clerk of the City 
Court; his deputies, books and sta- 
tionery. 

41. Fees of the Marshal; his dep- 
uties. 


42. Previous laws relative to the 
compensation of the Clerk and Mar- 
shal repealed. 


43. Amendment of the foregoing 
act. 


44, Interpreter; his appointment, 
salary, duties, and term. 


45. Term extended and salary in- 
creased. 


46. When the act is to take effect. 


47. The Clerk to make no charges 
of commissions in cases wherein The 
City is a party or has interest; salary 
in lieu thereof; other compensation. 

48. The Marshal to. make no 
charges of commissions in cases 
wherein The City is a party or has 
interest; salary in lieu thereof; other 
compensation. 

49. Compensation of the Prosecut- 
ing Attorney. — 

50. Costs in cases of wrongful arrest 
or failure to prosecute. 

51. Additional exclusive jurisdic- 
tion given the Court. 

52. The act not to affect the pres- 
ent incumbents of the offices. 

58. Claims of the Clerk and Mar- 
shal against The City. 

54. Repeal of previous conflicting 
enactments. 


55. Jurisdiction of misdemeanors 
extended one mile without the City 
limits. ‘ 


56. Restrictions of this jurisdiction. 


OPY Tes: Ws 


57. Eligibility to the office of Pros- 
ecuting Attorney. 

58. The Marshal to settle accounts 
with The City at least once a month. 

59. The enforcement of payment 
under statement of accounts. 

60. The salary of the City Court 
Judge increased. 

61. Jefferson Court of Common 
Pleas; trial of validity of ordinances; 
appeals from City Court. 


62. The Council authorized to add 


to the salaries of the Chancellor of 
the Louisville Chancery Court and 
the Judge of the Jefferson Court of 
Common Pleas. 

63. The salaries of certain Judges 
increased; condition. 

64. Exemption of auctioneers from 
jury-service. 

65. Exemption of certain persons 
from jury-service. 

66. Changes of venue in Justices’ 
Courts of The City regulated; fine. 

67. The City newly laid off into 
Justices’ Districts. 

68. Elections of Justices and Con- 
stables. 

69. Commencement of terms of 
such officers. 

70. Transfer of records and other 
property by retiring incumbents. 

71. Abolishment of the old dis- 
tricts. 

72. Non-compliance with Section 
58 a misdemeanor. 

73. Deputy Constables. 

74. The Jefferson County Court 
not to alter the Districts. 

75. May take bail in misdemeanor 
cases. 


76. May take bail after examina- 
tion in felony cases. 


1. That part of an act establishing a new charter for 
The City of Louisville, approved March 3, 1870, which is 
embraced under the title Judicial, is amended so as to 


read as follows: 


2. The City Court of Louisville shall bea court of record, 
composed of a single Judge, and shall have a Clerk, 
Prosecuting Attorney, and Marshal. 


181 


An act reg- 
ulating the 
City Court of 
Louisville and 
the remunera- 
tion of its offi- 
cers. Approv- 
ed February 
21, 1880. 


182 


COURTS OF LAW. 


3. The Judge shall have the qualifications of a County 
Judge, the Clerk the qualifications of a County Clerk, 
the Attorney the qualifications of a Commonwealth’s 
Attorney, and the Marshal the qualifications of a Sheriff. 


4. The Judge, Clerk, Marshal, and Prosecuting Attor- 
ney shall be elected by the qualified voters of The City 
at the time and places prescribed by law for holding State 
elections; and the Judge, Clerk, and Marshal shall be 
elected for the periods prescribed by Section 41 of Article 
4 of the constitution of the State. The Prosecuting 
Attorney shall be elected for a term of four years. ! 


5. Said Court shall have original and exclusive jurisdic- 
tion of all unindictable misdemeanors committed within 
said City, and such other special jurisdiction as herein- 
after stated, and all necessary power to carry into effect 
the jurisdiction given. 


1The City Court of Louisville is a “ Police Court,” and the Judge thereof 
is a “Police Judge.”—Gross v. Jones, 3 Met., 295. The act of the State 
legislature conferring upon the City Court of Louisville exclusive jurisdic- 
tion in all misdemeanor cases is not unconstitutional, although it deprives the 
magistrates within The City of the right to earn the fees taxable in such 
cases.— Stephens and others v. Williamson, Court of Appeals, May 5, 1883, 
unreported. The clerk of the city court of Paducah brought suit to recover 
his percentage of fines which were adjudged by that court to be paid by 
various convicted persons, and which were paid in work upon the city’s 
streets, and was awarded judgment.—City of Paducah v. Calhoun, 78 Ky., 
323, This case recognizes the existence of implied contracts and obligations 
on the part of municipal corporations. The Clerk of the Louisville City 
Court is not entitled to fees in cases where the judgment is satisfied by labor 
in the City Workhouse.— Loran v. City of Louisville, Court of Appeals, Sept. 
28, 1882, unreported. An act of March 9, 1868, providing that where a 
judgment of the City Court of Louisville shall be satisfied by labor in the 
City Workhouse The City shall not be required to pay anything to any officer 
on account of his fees in the case, was not repealed by the provision of the 
charter of 1870, giving the Clerk a salary in lieu of fees, and the Clerk, by 
an amendment to the charter of 1870, being again allowed fees, the act of 
March 9, 1868, applies—Jb. See the late act of the legislature on this 
subject, Section 47, above. When the State requires services to be performed 
by its officers for which no remuneration is allowed by law, they must be 
regarded as ex-officio services, for which no charge can be made.— Wortham v. 
Grayson County Court, 13 Bush, 53. The City Court of Louisville has no power 
to enter up a judgment against The City upon which the writ of execution 
can be lawfully sued out.— Duncan, Trustee, and others, v. Mayor of Louwisville, 


COURTS OF LAW. 


6. It shall also have the power to cause the arrest of 
all persons charged with felony, to hear evidence of their 
innocence or guilt, and to commit or discharge or admit 
to bail any such person, if the offense be bailable, and 
also to take recognizances, with security, for the appear- 
ance of such persons before the proper tribunal. The 
powers of the Judge and the effect of his acts in these 
matters shall be the same as in the case of a County 
Judge in other counties. 


7. Said City Court shall have power to hear all com- 
plaints for breaches of the peace, and to require security 
for the good behavior of any one charged with and guilty 
of such offense, and may commit the offender to the W ork- 
house until good security be procured. 


§ Bush, 98. A prosecuting officer, who has prosecuted a penal action to 
judgment in the lower court has not such a right in the judgment, by reason 
of his commission, as can not be taken away by a repeal of the statute 
which was the foundation of the action pending an appeal.— Speckert v. City 
of Louisville, 78 Ky., 287. As the City Court of Louisville is not a County 
Court, the Judge has no power to appoint an attorney for the commonwealth. 
Nor is there any such office as an attorney of the commonwealth for that 
Court. Nor is it the duty of the Commonwealth’s Attorney for the District 
to act as such in the City Court.—Tesh v. Commonwealth, 4 Dana, 522. The 
office of Prosecuting Attorney of the Louisville City Court is not of consti- 
tutional, but of legislative creation, and the duration, as well as the existence 
of that office, depends on legislative will—Jd., and Bruce v. For, 1 Dana, 
447. It is competent for courts of criminal jurisdiction to appoint persons to 
prosecute when no other mode of appointment is prescribed. The authoity 
of a Prosecuting Attorney of the City Court of Louisville, appointed by the 
Judge, and employed by the Mayor and Council, admits of no doubt.— Tesh v. 
Commonwealth, 4 Dana, 522, And even when a prosecution was carried on 
without the aid of a Prosecuting Attorney, or by one who, with the assent 
of the Court, prosecuted without competent authority, the fact is not material 
after verdict, and the convicted can take no advantage of it—Ib. G. being 
elected Prosecuting Attorney of the Louisville City Court on the first 
Monday in August, 1880, was entitled to hold the office from the first 
Monday in September following.— McGee v. Gill, 79 Ky., 106. A provision 
to abolish a court may be inserted in the same act by which it is created; in 
other words, its duration may be limited, consistently with the constitution ; 
and an act of 1836, establishing the City Court of Louisville, to continue 
for four years only, was clearly constitutional.— Tesh v. Commonwealth, 4 
Dana, 522. The superior courts in Kentucky are not bound to take judicial 
notice of the customs, laws, or proceedings of inferior courts of limited 
jurisdiction.— March v. Commonwealth, 12 B. Mon., 25. 


183 


184 


COURTS OF LAW. 


8. Said Court shall hear and determine all complaints 
for breaches of City ordinances, for violations of the penal 
laws of the commonwealth, and shall impose such fines 
and penalties as may be prescribed by said ordinances or 
the penal laws of the State; but the Judge can not impose 
any fine exceeding twenty dollars in amount; for the im- 
position of any fine exceeding twenty dollars, he shall 
cause a jury to be summoned and sworn to try the case, 
and the case shall be tried in the manner prescribed for 
the trial of criminal cases in Circuit Courts, unless the 
right to have a jury be waived by the party to be tried. 


9. The powers and jurisdiction of said City Court and 
the duties and powers of the officers thereof shall be and 
remain as now established by law; and it shall be the duty 
of the Judge and Prosecuting Attorney of said Court to 
examine into all cases of felony committed within the 
limits of The City of Louisville; and for that purpose 
said Court is invested with exclusive jurisdiction as an 
examining court in all such cases arising in said City. 
In case the party or parties accused shall be held for 
further trial, the substance of the testimony of all the 
witnesses for the commonwealth shall be reduced to writ- 
ing by the Judge, or such official reporter as he may 
designate and pay; and the evidence so taken down shall 
be by said Judge transmitted to the Prosecuting Attorney 
of the Jefferson Circuit Court. 


10. Said City Court, as a court of inquiry, shall always 
be open for business, Sundays excepted. 


11. It may prescribe rules for the speedy and convenient 
dispatch and regulation of its business; but such rules 
shall not be in conflict with the laws of the State. 


12. The Judge of said Court shall, in said City, bea 
general conservator of the peace, just as Circuit Judges 
are in the State. He shall take an oath similar to that 
required of a County Judge. In lieu of all fees and 
emoluments for services rendered The City of Louisville, 
he shall receive from said City a salary of fifteen hundred 


COURTS OF LAW. 


dollars per annum. Said salary shall be payable out 
of the City treasury in monthly installments. In Heu of all 
fees and emoluments for services rendered this common- 
wealth, he shall be allowed a salary of fifteen hundred 
dollars per annum, said salary from the State shall be paid 
at the same time and in the same manner as the salary of 
Circuit Judges. Said Judge shall devote his whole atten- 
tion to the duties of said Court, and he shall not receive 
any fees or perquisites of any description whatever. 


13. When, from any cause, the Judge of said Court 
fails to attend and hold court, the attorneys present shall 
elect from their fellow-members in court a judge pro tem. 
for said Court, in the same manner in which judges pro 
tem. of Circuit Courts may be elected. The Judge pro 
tem. shall have the same rights, powers, and duties as 
the regular Judge has, and for his services said Judge 
pro tem. shall receive four dollars per day from the State 
and four dollars per day from The City of Louisville. 
The Clerk of said Court shall certify to the Auditor of the 
State the name of the Judge pro tem. and the time of 
his service; and said Auditor shall thereupon draw a 
warrant upon the State Treasurer for the amount of 
money due said Judge for the time he served on the 
bench at the rate of four dollars per day, and said 
Treasurer shall pay said warrant. The Clerk of said 
Court shall also certify to the Auditor of The City of 
Louisville the name of the Judge pro tem. and the time 
of his service; and said City Auditor shall thereupon 
draw a warrant upon the City Treasurer of The City of 
Louisville for the amount of money due said Judge for 
the time he served on the bench at the rate of four 
dollars per day, and said City Treasurer shall pay said 
warrant. The amount so paid by The City of Louisville 
and the State to the Judge pro tem. shall be deducted 
from the salaries due the regular Judge by said City and 
the State respectively, unless the absence of the regular 
Judge is in consequence of his sickness, or unless he has 
been compelled to vacate the bench because of his 


COURTS OF LAW. 


interest in the matter on trial, or because of his relation- 
ship to the accused or to the prosecutor. 


14. No one shall sit as Judge if he is interested in any 
matter.on trial, or is connected with the accused or pros- 
ecutor by relationship or marriage. No one shall sit as 
Judge in this Court in any case in which there has been 
filed by the accused an affidavit to the effect that he can 
not have a fair trial; Provided, that such affidavit be 
supported hy the affidavits of at least two credible 
liousekeepers of The Citv of Louisville. 


15. The Judge of this Court shall never hold his Court 
out of the room provided by the General Council as a 
City Court room unless said room can not be used. 


16. The Clerk of this Court shall take the oath and 
give the bond required of the Clerk of the County Court. 
Said bond and the requisite surety thereon must be 
approved by the Judge of the City Court. The Clerk of 
said City Court may administer oaths as Clerks of County 
Courts may, and he shall be subject to the same fines and 
penalties to which they are subject; and for neglect and 
violations of duty he may be prosecuted and punished 
in the same manner in which they may be prosecuted 
and punished 


17. In case of a vacancy of said Clerk’s office the 
Judge thereof shall fill it if the unexpired term be less 
than one year; if it be more he shall appoint some one to 
fill the office till the next general election after the 
vacancy, at which election a new Clerk shall be regularly 
elected as in the first instance. ; 

18. If said Clerk and his deputy fail for one week to 
write in the order-book of the Court the orders and pro- 
ceedings of the Court on any day, said Clerk shall be 
ecuilty of a misdemeanor and upon due conviction shall 
be fined twenty dollars for every offense. 


19. The Clerk or his deputy may, upon the filing of an 
affidavit charging a party with an offense, issue process 
against the accused party, and said process may be 


COURTS OF LAW. 


187 


returnable forthwith. The Clerk or his deputy shall 
have authority to issue all appropriate mesne and final 
process in cases cognizable by said Court or which have 
been adjudicated. 

20. The Prosecuting Attorney shall take the oath and 
come under the obligations prescribed by the constitu- 
tion and laws for a Commonwealth’s Attorney, and his 
duties to The City in said Court shall be similar to those 
of the Commonwealth’s Attorney to the Circuit Court in 
his circuit, and in all matters before said Court he shall 
represent the commonwealth or City as the case may be. 


21. When said Attorney fails to attend court or to 
prosecute the parties arraigned before it, and when the 
Judge of said court considers the business before it 
requires the attention of a Prosecuting Attorney, he 
shall, from the members of the bar present, appoint one 
to serve as Prosecuting Attorney pro tem. The person so 
appointed shall take the oath of office prescribed for the 
regular prosecutor, and for his services he shall receive 
such part of the salary of the regular Prosecuting Attor- 
ney, aS the Judge, on motion after due notice to the 
Prosecuting Attorney, may summarily decide to be fair 
and reasonable; but the compensation allowed said Prose- 
cuting Attorney pro tem. shall not be estimated ata greater 
rate than five dollars per day. The amount so paid said 
Prosecuting Attorney shall be deducted from the salary 
of the regular Prosecuting Attorney unless said Prose- 
cuting Attorney is absent or fails to prosecute on account 
of his sickness. . 


22. The Marshal of said Court, before he enters upon 
the duties of his office, shall take the oath prescribed for 
Sheriffs by the constitution and laws of the State. He 
shall execute a bond, with good security, for the faithful 
discharge of his duties. Said bond must be like the bond 
which is prescribed by law for Sheriffs. The process of 
said City Court shall be addressed to and executed by 
said Marshal, unless the Judge causes it to be addressed 
to a Sheriff, Constable or policeman, Said process shall 


188 


COURTS OF LAW. 


run in the name of the commonwealth of Kentucky, 
and may go into any county of the commonwealth; and 
said Marshal may execute it anywhere in the State, or 
appoint, by indorsement on the process, a special bailiff 
to execute it, and said bailiffs rights, powers, and fees 
shall be the same as those of the Marshal. Policemen 
may summon witnesses, but when they do so the fees 
collected for such services shall be paid into the City 
treasury solely for The City’s benefit. 


23. Said Marshal, if he desire it, shall be allowed to 
appoint two deputies, subject to the approval of the 
Judge. 


24. The Marshal shall have power and authority to 
take bail when it is fixed by law or is indorsed on the 
writ. He shall be Hable on his bond for the official con- 
duct of his deputy to the same extent that a Sheriff is 
liable for his deputy; and such deputy marshal may per- 
form, in the name of the Marshal, any of his official 
duties. 


29. Unless discharged by authority of law, any person 
arrested under a capias pro fine shall be committed to the 
Workhouse, and shall be there detained until the judg- 
ment against him or her is satisfied by a payment of the 
fine and costs, or is satisfied by his or her earnings from 
compulsory work, in or out of said Workhouse, on such 
wages as the General Council may allow. Until the Gen- 
eral Council otherwise decides, the time of detention at 
the Workhouse shall be calculated by allowing the 
prisoners seventy-five cents per day for work. Persons 
convicted of petty larceny shall pay such fine and be 
committed to the Workhouse for such time as the General 
Council may prescribe, but such fine shall not exceed 
fifty doNars and such time shall not exceed three months. 
All fines and recoveries realized in said Court, whether 
the prosecution be in the name of The City or the com- 
monwealth, shall be paid into the City treasury as a 
contribution toward the expenses of said Court. 


COURTS OF LAW. 


189 


26. No, order or judgment of this Court shall be modi- 
fied, set aside, or annulled except in open Court, during 
the regular hours of the Court, and by the Judge who 
tried the case. No order or judgment shall be thus 
modified, set aside, or annulled except on motion duly 
made in open Court, and accompanied by the written 
reasons for said motion, and the grounds for modifying, 
setting aside, or annulling said order or judgment shall 
be stated briefly, but accurately, by the Judge from the 
bench, and recorded by the Clerk in the order-book of 
the Court. The Judge may at any time and in any place 
suspend for twenty-four hours, and no longer, the en- 
forcement and execution of any order or judgment. 


27. Appeals shall be from the decisions of said Court 
to the Circuit Court in all cases where the amount of the 
fine imposed is as much as twenty dollars and is not 
more than fifty dollars; and appeals shall be from the 
decisions of said Court to the Court of Appeals when the 
amount of the fine imposed is fifty dollars or more. In 
cases where a fine of twenty dollars or less is imposed, 
under an ordinance, the legality of such ordinance may 
be tested by The City by an appeal to the Jefferson Cir- 
cuit Court, or by the defendant by a writ of prohibition 
from the Jefferson Circuit Court; and after a decision 
has been rendered in the Circuit Court, as provided for in 
this Section, either The City or the accused may appeal 
to the Court of Appeals. 


28. No warrant for the arrest of a person guilty of a 
misdemeanor in said City shall be issued by any one 
except the Clerk of this Court or his deputy. If the 
Clerk and his deputy refuse to issue a warrant in any 
ease, the party desiring the warrant may present his 
affidavit to the Judge in open Court, accompanied by a 
motion for a warrant, and the Judge may then direct the 
Clerk to issue the warrant prayed for. 


29. Any money paid by a defendant shall be first 
applied to the payment of the costs due by him or her, 


190 


Anact “0 
amend an act 
approved Feb. 
21, 1880, and 
entitled An act 
regulating the 
City Court of 
Louisville and 


COURTS: OF -LA Ws 


and then the balance of the money, if any, shall be 
applied to the extinguishment of the fine imposed. 


30. It is hereby made the duty of the Clerk of said 
Court daily to enter into a book, kept by him for that 
purpose, a full and complete list and account of all the 
fees, commissions, and fines taxed, levied, assessed, or col- 
lected in said City Court. Said books shall be balanced 
to the last day of each month, and shall be exhibited 
to the Auditor of said City on or before the fifth day of 
each succeeding month, and the accuracy of said book 
shall each time be verified by the oath of such Clerk; and 
the Auditor shall then eertify to the Treasurer of said 
City the full amount which shall be due and owing to 
The City on account of the fees, commissions, and fines 
taxed, levied, and assessed as aforesaid on the tenth day 
of the month. The book hereby directed to be kept by 
the said Clerk of the City Court shall at all times be open 
to the inspection of the Mayor, Auditor, Treasurer, or 
any committee of the General Council of the said City, 
and it is hereby made the duty of the Attorney, Clerk, 
and Marshal of said City Court to give to said Mayor, 
Auditor, Treasurer, or committee any information or 
facts in their possession touching the business of said 
Court, and the fees, commissions, and fines taxed, levied, 
assessed, and collected thereon. 

31. Witnesses shall not be allowed any fees for attend- 
ance on this Court unless they live beyond the limits of 
The City of Louisville. If they live outside of said City 
they shall be allowed such fees as are allowed witnesses 
in the Circuit Court. 

32. Nothing in this act shall be construed to prevent 
the Mayor and General Council from remitting any fine, 
penalty, or cost. 

33. The City Court of Louisville shall have the same 
jurisdiction within The City of Louisville as is conferred 
on city and police courts by Section 13 of the Criminal 
Code of Practice. It shall have exclusive jurisdiction as 
an examining court of all offenses committed within The 


COURTS OF LAW. 19] 


City of Louisville, and its powers in such cases, and the the ee 
= . 4 tion of its offi- 
effect of its acts, shall be the same as those of a County cers. Approv- 


a . . > f +] IF 
Judge in other counties. ee Pa ees 


34, In all cases where persons are presented to said 
Court charged with an offense within its jurisdiction the 
punishment of which is limited to a fine of twenty dollars 
or less, the Judge may hear and determine the case 
and impose such fine without the intervention of a jury; 
in all other cases he shall cause a jury to be impaneled, 
unless waived by the party charged; and in all cases of 
drunkenness or disorderly conduct, in addition to 
imposing a fine, he may hold the offender to bail in any 
sum not exceeding one thousand dollars to keep the 
peace and be of good behavior for any length of time not 
exceeding one year, or he may impose the fine without 
holding to bail; but in no case shall he hold to bail 
without imposing a fine; and thereupon the offender shall 
be forthwith committed to the City Workhouse, and shall 
there be kept in custody until the bail be given or the 
time for which it was required shall have expired, and 
until the fine and costs are paid or replevied or satisfied 
by labor as provided by law. 


39. In all preliminary examinations before said Court 
when the offense charged is not capital, the accused shall 
be admitted to bail to answer from day to day until the 
case shall be disposed of; and no person who is charged 
with an offense not capital in The City of Louisville, and 
who tenders propes and sufficient bail, shall be committed 
to jail or the station-house unless intoxicated or violent at 
the time, or arrested after or before the regular business 
hours of the day, or at night, or on Sunday; but shall 
be taken forthwith before said City Court if in session, 
or if not in session before the Clerk of said Court, or 
before the Judge of said Court if the Clerk can not be 
found, and bail shall be accepted by said Court, or Clerk, 
or Judge, as the case may be. All such bail-bonds or 
recognizances, if forfeited, shall be prosecuted to judg- 
ment in said Court, in the same manner as provided by 


COURTS OF LAW. 


law for similar cases in the Circuit Courts; and for that 
purpose the said Court shall hold monthly terms, to 
commence on the first Monday of each month. 


36. Policemen shall have power to execute warrants of 
arrest, and subpoenas and attachments for witnesses, 
whether the same be directed to them or not. 


37. Section 5? of said act, entitled ‘‘ An act regulating 
the City Court of Louisville and the remuneration of its 
officers,’’? is amended by adding after the words ‘‘sup- 
ported by the affidavits of two credible housekeepers of 
The City of Louisville,’’ the following words: ‘‘ When 
the Judge of said Court is compelled to vacate the bench 
because of the filing of said affidavits, the Judge pro tem. 
who tries the case shall not receive any pay for his services 
unless the trial of the case occupies more than one day, 
and then he shall be paid only the sum of four dollars 
per day; and said sum on the written request of said 
Judge pro tem. shall be paid by The City of Louisville, 
and shall be deducted from the salary of the regular 
Judge.”’ 


38. Section 9% of said act is amended by adding the 
following words: ‘‘ In case of a vacancy of said Marshal's 
office the Judge of said Court shall fill said office if the 
unexpired term be less than one year; if it be more, he 
shall appoint some one to fill the office till the next general 
election after the vacancy, at which election a new Marshal 
shall be regularly elected as in the first instance.” 


39. The Prosecuting Attorney, subject to the provisions, 
limitations, and conditions of Section 84 and Section 16° 
in said act, entitled, ‘‘An act regulating the City Court 
of Louisville and the remuneration of its officers,’’ shall 
receive as compensation for his services thirty per cent. 
of all fines and forfeitures imposed and adjudged by said 


2Section 14, preceding. 3Section 23, preceding. 


4Section 20, preceding. 5Section 31, preceding. 


COURTS OF LAW. 


193 


Court; but no taxed fees shall be allowed in any prose- 
cution or action. 

40. The Clerk of the City Court of Louisville shall be 
entitled to the same fees as are now allowed by law to the 
Clerk of the Jefferson Circuit Court for similar services, 
not exceeding one dollar and twenty-five cents in each 
suit or proceeding in said Court, to be charged to and 
paid by the party for whom the services are rendered. 
He shall furnish his own deputies and all books and 
stationery for his office at his own expense. 


41. The Marshal of the City Court of Louisville shall 
be entitled to fees for his services at the rate’ of fees 
allowed to the Sheriff of Jefferson County for several 
services, not exceeding one. dolar and twenty-five cents in 
each suit or proceeding in said Court, to be charged to 
and paid by the party for whom the services are rendered. 
He shall furnish and pay his own deputies. 


42. All laws or parts of laws heretofore enacted regu- 
lating or relating to the compensation of said officers are 
hereby repealed. 

43. An act entitled ‘‘An act to amend an act establish- 
ing anew charter for The City of Louisville, approved 
March 38, 1870, and to regulate the compensation of the 
Clerk and Marshal of The City of Louisville,’”’? approved 
March 10, 1882, be amended by inserting in the title 
thereof the word ‘‘Court”’ after the word ‘‘City”’ and 
before the word ‘‘of’’ in the last line of said title, and 
by striking from the second Section of said act the word 
‘several’? and inserting the word ‘‘similar’’ in place 
thereof. 

44. Section 10 of an act entitled ‘‘An act regulating the 
City Court of Louisville,” approved February 21, 1880, 
is hereby amended as follows: ‘‘The Judge of the City 
Court of Louisville shall appoint an Interpreter for said 
Court for a term of three years. The said Interpreter 
shall receive an annual salary of six hundred dollars to 
be paid in monthly installments out of the City treasury. 


He shall attend said Court during its sessions, and be 
13 


An act to 
amend an act 
entitled An act 
establishing a 
new charter 
for The City of 
Louisville, ap- 
proved Mar. 3, 
1870, and to 
regulate the 
compensation 
of the Clerk 
and Marshal 
of The City of 
Lowisvilte. 
Approved Mar. 
10, 1882. 


An act to 
amend an act 
entitled An act 
to amend an 
act entitled an 
act establishing 
a new charter 
for The City ot 
Louisville, ap- 
proved Mar. 3, 
LSLO ads FO 
regulate the 
compensation 
of the Clerk 
and Marshal of 
The City of 
Louisville, ap- 
proved Mar. 10, 
1882. Approv- 
ed April 1,1882. 


An act to 
amend an act 
entitled An act 
regulating the 
City Court of 
Louisville and 
the remunera- 
tion of its offi- 
cers, approved 
Feb. 21, 1880. 
Approved Apr. 
21,1882. 


194 


An act in re- 
lation to the 
Interpreter of 
the City Court 
of Louisville. 
Approved Apr. 
12, 1884 


An act to 
amend an act 
entitled An act 
establishing a 
new charter for 
The City of 
Louisville, ap- 
proved Mar. 3, 
1870. Aprpov- 
ed May 8, 1884. 


COURTS OF LAW. 
subject to its orders. For a failure to perform his duties 
the Court may remove him and appoint another to fill his 
place. The Interpreter provided for herein shall be ap- 
pointed by said Court on the first Monday in September, 
1882, and he shall hold his office for the term of three 
years from the date of his appointment. ° 


45. The term of office of the Interpreter of the City 
Court of Louisville shall be four years, and he shall 
receive an annual salary of nine hundred dollars, to be 
paid in monthly installments out of the City treasury. 


46. This act shall take effect from and after its passage, 
except that part thereof which relates to the term of 
office of the said Interpreter which shall take effect from 
and after the expiration of the term of the present Inter- 
preter of said City Court. 

47. Hereafter the Clerk of the City Court of Louisville 
shall have no right to make any charge against or collec- 
tion from The City of Louisville for any services rendered 
by him as Clerk in any suit, action, or proceeding in 
said Court in which said City is a party or has an interest, 
and in lieu thereof, the Clerk of the said City Court of 
Louisville shall hereafter be paid by The City of Louis- 


- ville the sum of one thousand dollars per anna, 


payable quarterly, as full compensation for all fees 
and costs for services rendered by the Clerk of said 
Court to The City of Louisville. The Clerk of said 
Court shall be entitled to have, charge, and receive 
from the defendant as costs, only on conviction, fees not 
exceeding two dollars in each suit, action, or proceeding 
in said Court. Otherwise than as provided by this act 
the Clerk of said Court shall be entitled to-have, charge, 
and receive the same fees as are now allowed by law to 
the Clerks of the Circuit and County Courts of this 
commonwealth for similar services. The Clerk of said 
Court shall furnish his own deputies and all books and 
stationery for his office at his own expense. 


6 Hnacted in lieu of Section 10 of the act of February 21, 1880. 


COURTS OF LAW. 


48. Hereafter the Marshal of the City Court of Louis- 
ville shall have no right to make any charge against or 
collection from The City of Louisville for any services 
rendered by him as Marshal in any suit, action, or 
proceeding in said Court in which said City is a party 
or has an interest, and in lieu thereof the Marshal of said 
City Court of Louisville shall hereafter be paid by The 
City of Louisville the sum of one thousand dollars per 
annum, payable quarterly, as full compensation for all 
fees and costs for services rendered by the Marshal of 
said Court to The City of Louisville. The Marshal of 
said Court shall be entitled to have, charge, and receive 
from the defendant as costs, only on conviction, fees not 
exceeding two dollars in each suit, action, or proceeding 
in said Court. Otherwise than is provided by this act, 
the Marshal of said Court shall be entitled to have, 
charge, and receive the same fees as are now allowed by 
law to Sheriffs of this commonwealth for similar services. 
The Marshal of said Court shall furnish his own deputies 
and all books and stationery for his office at his own 
expense. 


49. The Prosecuting Attorney of the City Court of 
Louisville shail be entitled to have, charge, and receive 
as compensation for his services, thirty per cent. of all 
fines and forfeitures collected in the City Court of Louis- 
ville during his term of office, either made to The City or 
the commonwealth, which shall be in lieu of all salary 
and fees of any kind. 


50. When a suit, action, or proceeding in the City 
Court of Louisville is dismissed for the reason the 
defendant was wrongfully arrested, or the prosecuting 
witness fails to appear and testify, the Court may dismiss 
such case at the costs of the prosecuting witness, and 
such witness be required to pay the costs, and for that 
purpose may be proceeded against by the imposition of 
a fine not exceeding five dollars, or as in cases of 
contempt. 


51. The said City Court of Louisville in addition to 


19, 


196 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Approv- 
ed May10,1884. 


COURTS OF LAW, 


the jurisdiction it now has by law shall have exclusive 
jurisdiction of all prosecutions or proceedings for the 
punishment of keepers of all bawdy or other disorderly 
houses within the limits of The City of Louisville. 


92. The foregoing provisions of this act as to the 
Clerk of the City Court of Louisville, the Marshal of the 
City Court of Louisville, and Prosecuting Attorney of 
the City Court of Louisville, shall not take effect or go 
into operation until after the expiration of the term of 
office of the present Clerk, Marshal, and Prosecuting 
Attorney of the City Court of Louisville. 


93. The fees and emoluments of the present Clerk and 
Marshal of the City Court of Louisville shall be and 
remain as now allowed by law during their present term 
of office, except that the claims of said officers against 
The City of Louisville for fees or for services shall not 
exceed the amount of money collected by The City of 
Louisville from the City Court of Louisville, or paid into 
the City treasury as the proceeds of fines or forfeitures 
imposed or adjudged by the said City Court of Louisville, 
the said City in no event to pay said Clerk and Marshal 
more than is received by the said City from the fines and 
forfeitures had in said Court during their present term of 
office. 


54. All acts or parts of acts in conflict with this act 
are hereby repealed. 


oo. The charter of The City of Louisville is hereby 
amended as follows: The City Court of Louisville shall 
have jurisdiction to try misdemeanors and the police of 
said City shall have authority to arrest persons committing 
misdemeanors within one mile outside of said City limits 
as if said offenses had been committed within the limits of 
said City. 


06. This authority shall not extend nor interfere with 
chartered privileges of the towns of Crescent Hill, Park- 
land, and Clifton. The provisions of this act shall not 
apply to the grounds owned, loaned, or controlled by the 


COURTS OF LAW. 


197 


Eclipse Base Ball Association. That if the persons 
arrested are residents of The City of Louisville then they 
shall be tried by the City Court of Louisville, but if the 
persons arrested are residents of Jefferson County then 
they shall be tried by any Justice of the Peace in Jeffer- 
son County. 

57. Section 41 of the charter of The City of Louisville, 
approved March 3, 1870,7 is hereby so amended as to make 
eligible to the office of Prosecuting Attorney of the City 
Court of Louisville any person who is not less than 
twenty-four years of age, and who has practised law in 
the City, County, and State Courts held in The City of 
Louisville for a period not less than one year preceding 
the day of election. All laws contrary to this act are 
hereby repealed. 

58. It shall be the duty of the Marshal of the City 
Court of Louisville to settle with and pay over to the 
Treasurer of The City of Louisville all sums of money 
due said City on fines and forfeitures in said City Court 
at least once in each month. 


09. It shall be the duty of said City Court to cause 
said settlement to be made, and enforce the payment of 
such sum or sums as may be due The City of Louisville 
from said Marshal at any time, by rule or other sum- 
mary process; or The City of Louisville may, if it elect 
so to do, recover said sum by action in the Jefferson 
Court of Common Pleas on the bond of said Marshal. 


60. Section 4 of an act entitled ‘‘An act regulating the 
City Court of Louisville and the remuneration of its 
officers,’? approved February 21, 1880, is amended as 
follows: That where in the sixth line of said Section 4 
of said act the words ‘‘fifteen hundred dollars’’ appear 
the same be struck out, and that in lieu thereof the words 
‘‘two thousand dollars”? be inserted, so that the sentence 


7Section 41 of the charter was repealed by “ An act regulating the City 
Courts of Louisville and the remuneration of its officers,’ approved 
February 21, 1880. 


An act to 
amend Sec. 41 
of the charter 
of Louisville, 
approved Mar. 
3, 1870. Ap- 
proved May 8, 
1884. 


An act con- 
cerning the 
City Court of 
Louisville. 
Approved Mar. 
Al 1Sit. 


198 


An act for 
the benefit of 
The City of 
Louisville, and 
to amend the 
charter of said 
City. Approv- 
ed Mar. 9, 1868. 


An act to 
authorize the 
general Coun- 
cil of Louisville 
to inerease the 
salary of the 
Judge of the 
Pours ie 
Chancery Court 
2 TiC O uenketl 
Court of Com- 
mon Pleas 
of Jefferson 
County. Ap- 
proved Mar. 
9, 1868. 


An ordin- 
ance for the 
benefit of the 
Judges of the 
Jefferson Court 
of Common 
Pleas, of the 
Jefferson Cir- 
cuit Court and 
Louisville 
Chancery Court 
Approved Feb. 
1, 1869. 


COURTS OF LAW. 

of said Section as amended will read, ‘‘In lieu of all fees 
and emoluments for services rendered The City of Louis- 
ville he shall receive from said City a salary of two 
thousand dollars per annum.’ But nothing in this act 
shall be so construed as to increase the compensation 
from the State of Kentucky. 


61. The validity of The City ordinances may be tried 
by a writ of prohibition from the Judge of the Jefferson 
Court of Common Pleas, with the right of appeal to the 
Court of Appeals by either party. Should the Judge of 
the City Court decide against the validity of any City 
ordinance, said decision, with the ordinance, shall, on 
request of the City Attorney, be certified on the record, 
and The City of Louisville shall have the right by appeal 
to carry said decision for review direct to the Court of 
Appeals, or to the Jefferson Court of Common Pleas and 
thence to the Court of. Appeals if The City should so 
elect. 

62. The General Council of The City of Louisville is 
hereby authorized to appropriate any sum not exceeding 
two thousand dollars annually to the Judge of the 
Louisville Chancery Court, and the same sum to the 
Judge of the Court of Common Pleas of Jefferson 
County, to be paid to said Judges quarterly, as an 
addition to the salary now allowed said Judges by law. 
The sum which may be appropriated under this act shall 
not be increased or diminished during the term of office 
of either of said Judges. 


63. Asumof money sufficient therefor is hereby appro- 
priated out of the revenue of The City for the present and 
each year hereafter, to give to each of the Judges of the 
above-named Courts the sum of one thousand dollars per 
annun in addition to their present salaries. Said one 
thousand dollars each is to be paid every year to the said 
Judges in quarterly installments. And the Auditor is 
hereby authorized and directed to draw his warrant for the 
same atthe end of each and every quarter, v7z: at the first 
of April, July,October,and January. And said quarterly 


COURTS OF LAW. 

installments and salary is hereby declared to have begun 
and become due from the first day of January, 1869; 
Provided, that in the event the legislature of the com- 
monwealth of Kentucky shall increase the salary of said 
Judges, the amount of the salary of said Judges so 
increased by the legislature shall be deducted from the 
sum hereby appropriated. 

64. All persons in this commonwealth who are now or 
may be hereafter engaged in the business of an auctioneer 
of commission houses in The City of Louisville, shall be 
exempt from serving on juries while carrying on such 
business. 

65. Whereas, the time served by the jury in the case 
of Thomas M. Green against Thomas F.. Hargis, a period 
extending from February 4, 1880 to June 4, 1880, or in 
all more than seventeen weeks, equals the average time 
required of citizens of this commonwealth for service on 
juries; therefore, H. A. Witherspoon, Joseph Gault, 
W.C. Priest, W. L. Murphy, Henry W. Barrett, Joseph 
Enders, R. C. Hill, Henry Winter, Joseph H. Otter, J. T. 
Campbell, R. C. Miles, and W. C. Kendrick, who com- 
posed the jury aforesaid are hereby exempted from jury 
service in this commonwealth for a period of ten years 
from the date of the passage of this act. 


66. Justices of the Peace of The City of Louisville 
cranting changes of venue as provided in Section 1, 
Article 3, Chapter 12; and Section 3, Article 18, Chapter 
28 of the General Statutes, shall not grant such changes 
of venue to any Justice outside of The City of Louisville 
unless by the written consent of the parties to the suit. 
Any Justice of the Peace violating the provisions of this 
act shall be guilty of a misdsmeanor and fined in a sum 
of not less than five nor more than twenty dollars. 


67. The City of Louisville is hereby laid off into four 
Justices’ Districts as follows, to wit: The First District 
thereof is composed of the First, Second, and Third 
wards of said City; the Second District thereof 1s com- 
posed of the Fourth, Fifth, and Sixth wards of said 


199 


An act to 
exempt auc- 
tioneers of com- 
mission houses 
in The City of 
Louisville from 
serving on ju- 
ries. Approved 
Feb. 5, 1880. 


An act for 
the benefit of 
H. A. Wither- 
spoon and oth- 
ers. Approved 
Mar. 18, 1882. 


An act to 
regulate the 
changes of ven- 
ue in Justices’ 
Courts of The 
City of Louis- 
ville. SA p- 
proved Jan. 7, 
1882. 


An act to re- 
duce the num- 
ber ot Justices’ 
Districts and 
to lay off and 
establish four 
Justices’ Dis- 
tricts in The 


200 


COURTS OF LAW. 


City of Louis- City; the Third District thereof is composed of the 


ville. Ap- 


roved Mar. 
29, 1882. 


Seventh, Eighth, and Ninth wards of said City; the 
Fourth District thereof is composed of the Tenth 
Eleventh, and Twelfth wards of said City. 


68. An election for two Justices of the Peace shall be 
held in each of said Districts on the first Monday in 
August, 1882, and on the same day every fourth year 
thereafter; and for a Constable in each of said Districts 
on the first Monday in August, 1882, and on the same 
day every second year thereafter. 


69. The term of office of said Justices of the Peace and 
said Constables shall commence on the first day of June 
in the year:succeeding their election. | 


70. Justices of the Peace of Districts in said City, as 
heretofore established within, or in part within, Districts 
as established by this act, shall at the expiration of their 
present term of office turn over to and deposit with the 
Justices of their respective Districts as established by 
this act all public records, books, dockets, papers, docu- 
ments, and property belonging to their office. 


71, All Justices’ Districts in said City except as herein 
laid off and established are hereby abolished, to take 
effect at the expiration of the present term of office of 
the present Justices of said City. | 


72. Any Justice of the Peace of said City failing or 
refusing to comply with the requirements of Section 48 
of this act shall be guilty of a misdemeanor, and upon 
conviction fined in a sum not less than twenty nor more 
than two hundred dollars. 


73. Every Constable of said City may, by and with the 
approval of the Jefferson County Court, appoint some fit 
person or persons (not exceeding two in each of said 
Justices’ Districts) possessing in every respect the same 
qualifications of a Constable, to perform all the duties 
and acts which may be performed by such Constable; and 


8Section 68, preceding. 


COURTS OF LAW. 


said appointment shall be revoked by said Court on 
motion of said Constable. Said Constable shall be re- 
sponsible upon his official bond for the official neglect, 
misconduct, or other official act of such appointee. Said 
Constable may require such appointtee to give to him a 
bond with surety to the same import and effect as the 
bond required by law of said Constable to the common- 
wealth, and said appointee and his sureties or surety 
shall be responsible to said Constable upon said bond 
for the official neglect or misconduct or default of said 
appointee. 


74, The Justices’ Districts laid off and established by 
this act shall not be altered, changed, increased, or inter- 
fered with by the Jefferson County Court. 


75. They (Justices of the Peace) shall have concurrent 
jurisdiction with the officers now authorized by law to 
take bail“of persons charged with the commission of 
misdemeanors for their appearance before the proper 
tribunal. 

76. They shall have the same original jurisdiction to 
take bail in cases of felony, after finding by examination 
that said cases are bailable, as the Justices throughout 
the State now have. 


BGS See Acts AND ORDINANCES—BUILDINGS—CiITY ATTORNEY—Con- 
DEMNATION—CoRPORATE PowERS—County RELATIONS—FINES AND MIs- 
DEMEANORS—LICENSE—MECHANICS, LABORERS, AND MATERIALMEN— 
PoLicE—TAXATION. 


201 


An act to 
regulate the 
jurisdiction of 
Justices’ of the 
Peace in The 


City of Louis- 


ville. JAp- 
proved April 
22, 1882. 


An act es- 
tablishing a 
new charter for 
The City of 
Louisville. 


3, 1870. Sec. 9. 


OCHA PY HR xX 


’ ELECTIONS. 


C ON THEN TS ¢ 


1. An Election Board created. 

2. First general election under the 
charter of 1870. 

3. The time during which polls 
must be kept open. 

4. Qualifications of a voter. 

5. Places of voting, precincts, offi- 
cers of election, and manner of 
conducting elections. 

6. Special elections to ascertain the 
popular will as to charter amend- 
ments. 

7. Regulation of elections; poll 
books, returns, notice, certificates. 

8. Officers of election enumerated; 
selection and government of same. 

9. Salaries of officers of election. 
10. The pay-roll of election officers. 
11. Contested elections; -a board 

to determine contests established. 

12. A contested election of a mem- 
ber of the Council to be determined 
otherwise. 

13. The contesting party to give 
notice within ten days. 


14. Depositions may be taken and 
read as evidence. 


15. Who may contest an election. 


16. Elections by the 
Council, 


General 


17. Special elections. 


18. Engine houses and police sta- 
tions not to be made places of voting. 


19. Election precincts and places 
of voting. 
20. Those in the First Ward. 
21. Those in the Second Ward. 
. Those in the Third Ward. 
. Those in the Fourth Ward. 
. Those in the Fifth Ward. 
25. Those in the Sixth Ward. 
. Those in the Seventh Ward. 
. Those in the Eighth Ward. 
. Those in the Ninth Ward. 
. Those in the Tenth Ward. 
. Those in the Eleventh Ward. 
31. Those in the Twelfth Ward. 


1. An Election Board is hereby established, consisting of 
the Mayor, one member of the Board of Aldermen, two 
of the Board of Councilmen, and the Clerk of the Alder- 
ApprovedMar. men.. Said Alderman and Councilmen shall be appointed 
by their respective boards in January of each year, to 


serve for one year. 


And said Board shall receive all the 


election returns of that year for municipal purposes, 


ELECTIONS. 


913 


compare the votes of the different candidates, and furnish 
the parties elected certificates thereof within five days. } 
Any three of said Board may act. Vacancies in said 
Board may be filled at any time by the respective boards 
of the Council, and in default thereof they may be filled 
by the Mayor. At the first election under this charter 
the Election Board then in office shall discharge the duties 
imposed on’the Election Board .by this Section. 


2. This charter shall go into full force and effect on the 
first Saturday in March, 1870, and then and thereafter 
shall be the charter of The City of Louisville. The first 
general election for Mayor, Aldermen, Councilmen, 
School Trustees, and other City officers not required to be 
elected at other times shall be held on that day; but the 
officers under the City government, and the Police Com- 
missioners, and the lieutenants and police shall continue 
in authority until the election and qualification of the 


1A tie vote for two candidates for the office of town marshal of the town 
of Princeton having been received at an election for town officers, under the 
special statute, which neither required nor authorized the examiners to do 
more than examine the polls and report the legal number of votes cast for 
“ach candidate, said board had no right to decide by casting lots.— Hammock 
v. Barnes, 4 Bush, 390. The general law regulating the examining boards in 
state, district, and county elections, does not embrace town elections held 
under special statutes for towns or cities—Jb. The mode prescribed by law 
to determine who has been elected to an office is a board to examine the 
poll-books and issue a certificate of election, and a board, in case the election 
be contested, to decide who is entitled to the office. The decision of the 
contesting board is final and conclusive on all questions both of law and fact. 
The courts can not adjudicate upon such questions, or decide such contests; 
but may by mandamus compel either board to act when it refuses without 
good cause to do so.— Batman v. Megowan et al., 1 Met., 5383; Newecum v. 
Kirtley, 13 B. Mon., 517. The signature of the election clerk at the foot of 
each page of a poll-book is legal evidence of its identity, but the absence of 
such signature will not of itself be sufficient to authorize the rejection of a 
page of the poll-book, the authenticity of which is established by legal and 
competent evidence; certainly an examining board can not reject, but such 
a board must count all votes certified to by the officers of election.— Clark v. 
McKenzie, 7 Bush, 523. An action may be maintained against a judge of an 
election where he refuses, when acting in that capacity, to permit a qualified 
voter to vote; but to sustain the action it must be alleged and proved that 
such refusal was knowingly wrongful and not according to the honest under- 
standing by the judge of his own duties. It must be shown, too, that the 


An act es- 
tab'ishing a 
new charter 
for The City 
of Louisville. 
Approved Mar. 


3, 1870. 
129: 


sec. 


204 


ELECTIONS. 


An -a¢5 to 
amend an act 
entitled An act 
establishing a 
new charter 
for The City 
of Louisville, 
approved Mar. 
3, 1870. A p= 
proved Mar. 
3, 1871. See. 4. 


officers provided for in this charter in their stead: The 
term of each and every City officer and Schodl Trustee 
who may be elected as provided in this Section? shall 
expire at the same time it would have expired if said 
election had been held on the first Tuesday in December, 
1869, instead of the day named above. The Mayor, 
Aldermen, Councilmen, School Trustees, and other City 
officers who may be elected on the day this charter takes 
effect shall enter upon the discharge of the duties of 
their respective offices on the second Monday after said 
election. 


3. At all elections held hereafter in The City of Louis- 
ville for municipal purposes and the election of City 
officers the polls shall be opened at 7 o’clock A.M. and 
closed at 6 o’ clock P. M., and the said polls shall be kept 
open during that entire time. 


refusal resulted in the exclusion of the party complaining from the exercise 
of suffrage.— Canefield v. Bullock, 18 B. Mon., 494; but see Morgan v. Dudley, 
18 B. Mon., 693; and Miller v. Rucker, 1 Bush, 135. The duties of an election 
board are held to be merely mechanical or mathematical; they may possibly 
judge as to whether or not the returns of the election are in proper form and 
legally attested, but after that they must compute the votes cast for the several 
candidates and issue certificates accordingly; such duties are purely minis- 
terial, and the officers composing the board may be compelled by mandamus 
to perform them.— Clark v. McKenzie, 7 Bush, 523. And the certificate so 
issued is the evidence of the election of the person holding it—Jb. Such 
certificate must be issued to the person credited with the highest number of 
votes, and, where a board gave a certificate to one who had not received the 
highest number of votes, the fact was held to be no obstruction to the award- 
ing of mandamus.—Ib. For, until ministerial officers shall have performed 
the exact duties imposed upon them by law, they must be considered as in 
default.— Ib. 


*There are provisions of the constitution which present a complete corps 
ol officers for the administration of the State government, executive, legis- 
lative, judicial, and ministerial, designated in the constitution and provided 
for by legislative action; but no provision is made for officers for, and the 
government of municipalities, except Secton 6 of Article 6, which provides 
that such officers shall be elected in such manner, for such time, and with 
such qualifications as the legislature may prescribe. This failure to make 
specific provision in the constitution for city and town governments, the fact 
that such governments were at the time of the adoption of the constitution 
and have ever since been controlled by the legislature, taken in connection 
with the Section 6 of Article 6, clearly shows the intention of the framers of 


ELECTIONS. 


205 


4. Voters for City officers shall possess the same quali- 
fications as voters for State officers. Any laws in force 
in this commonwealth punishing illegal voting at State 
elections shall apply to illegal voting in this City for 
officers or on any subject upon which a vote may be taken, 
subject to all the provisions of this charter touching the 
qualifications of the voter. 


9. The General Council may, by ordinance, provide two 
or more voting-places in each ward, define the boundaries 
of such precincts, and appoint all officers required to 
conduct City elections; and, if there be two principal 
political parties, shall divide the officers between them 
at such voting-places as nearly equal as may be; and the 
officers of such elections shall be entitled to like pay with 
like officers of State elections; and such elections, as to 
opening and closing the polls, and in all other respects, 


the constitution to leave all these matters to the legislative will. Otherwise 
the sixth Section of the sixth Article would have no operation, for if the 
eighth Section of Article second has reference to towns and cities as well as 
to the election of State governmental officers, the sixth Section of Article 
sixth is surplusage, there being no space for its occupancy, towns and cities, 
with all their machinery of government are the creatures of legislative 
will, as has been repeatedly held by this court. The power to create carries 


with it the power to destroy, and the power to destroy necessarily implies . 


the power to regulate. This court has repeatedly construed the sixth Section 
of Article sixth to mean that the officers therein mentioned should be 
elected and not appointed, but it has also held that such election need not be 
by the whole body of the “qualified voters,” but that it might be by a 
limited number. In the case of Police Commissioners v. City of Louisville, 
3 Bush, 599, it was held that a selection and appointment by the Police 
Commissioners of The City of a police force was an election within the 
meaning of Section 6, Article 6; and in City of Paducah, v. Cully, 9 Bush, 
325, it was held, construing the same Section and Article, that the city 
council might elect the city treasurer. These cases are in themselves 
sufficient to determine the construction of this Section, for if the word elected 
in that Section has reference to the qualification of electors found in the 
eighth Section of Article second, then the whole body of those qualified to 
vote under that Section and found within the city limits would have been 
required to make the election valid. It can not be said that the legislature 
can limit the number of those who vote for city officers and yet may not 
regulate or prescribe the qualifications of those who do vote. The selection of 
a limited body by legislative action to elect is the fixing of the qualifica- 
tions of electors.— Buckner v. Gordon, Court of Appeals, April 12, 1884. 


An act es- 
tablishing a 
new charter 
for The City 
of Louisville. 
Approved Mar. 
3, 1870. Sec. 
111 et’ seq. 


206 


AST a Cit = tO 


authorize a 


special election 
in The City of 
Louisville. 
Approved Feb. 
9, 1856. 


Ordinance, 
approved Apr. 
2, 1860. 


ELECTIONS. 


shall be conducted as the law requires State elections to 
be conducted. 


6. The General Council of The City of Louisville may 
order a special election to be held upon any day named 
in the resolution or ordinance authorizing the same, to 
ascertain the opinion of the qualified voters upon any of 
the proposed amendments to the City charter; but such 
election shall only be upon three days’ notice, to be pub- 
lished in two or more newspapers in said City. 


7. The Mayor shall cause to be prepared and delivered 
to the clerks of election in each precinct in The City 
suitable poll-books, in which shall be recorded the name 
of every person voting and the candidate voted for. At 
the close of the election the clerk and the judges at each 
poll shall immediately sum up and enter in the poll-book 
at the bottom of the list of voters, the number of votes 
cast for each candidate for each office. They shall then 
certify over their signatures the list of voters and the 
number of votes cast for each candidate, each judge taking 
a copy of the certificate. They shall then seal up the poll- 
book and deliver it to the sheriff who shall, on the Monday 
succeeding the election, return it to the Mayor. The 
Mayor shall issue to the candidates having the highest 
number of votes for the different offices notice of their 
election, and summon the Board of Aldermen and Board 
of Common Council to meet in their respective chambers 


The word “election” is used in its constitutional sense and meaning to 
designate a selection by the popular voice of a district, county, town, or city, 
or by some organized body in contradistinction to the appointment by some 
single person.—Police Commissioners v. Louisville, 3 Bush, 591, An election 
by the council of a city is an election within the constitutional provision 
which requires officers of cities and towns to be elected.—City of Paducah v. 
Cully, 9 Bush, 323. The qualifications for electors fixed in the several 
charters of the town and cities of the State are and were so variant that no 
general rule as to qualifications can be evolved.—Buckner v. Gordon, supra. 
Long prior to and ever since the adoption of the constitution it has been the 
legislative rule, rather than the exception, to fix in the charters of towns 
and cities a qualification for electors different from that prescribed in the 
constitution for state, county, and district electors.— Jb, 


ELECTIONS. 


207 


on the Tuesday next succeeding their election, at 74 
o'clock p. M., and -he shall report and return to such 
meeting the poll-books and certificates. If the judges 
can not agree as to the qualification of any one offering 
to vote, the sheriff shall decide between them. The 
Mayor shall cause a copy of this ordinance to be delivered 
to each officer of an election, with the notice of his appoint- 
ment. Any officer of election who shall violate the 
provisions of this ordinance, shall be fined not less than 
twenty-five nor more than one hundred dollars. 


8. At each place of voting there shall be two judges, 
one clerk, and a sheriff, who shall be nominated to the 
Council in November or December of each year by the 
Council. They shall hold their offices one year, and such 
of them as shall qualify and be in attendance at an 
election shall fill all the vacancies in the offices fore on- 
ducting that election. Persons selected as such officers 
shall take an oath to discharge their duties with fidelity, 
and any person selected for such office who shall fail to 
discharge its duties without having first been excused or 
relieved from the discharge of the duties of such office by 
the Mayor of The City, having qualified, shall be fined not 
less than one nor more than ten dollars. The Mayor 
shall cause a notice to be delivered to each person 
appointed as an officer thereof, informing him of his 
appointment. 


9. The following sums are appropriated to all officers 
acting at elections held in said City, for which she is 


bound by law to pay, to wit: Judges, two dollars per, 


day; sheriffs, two dollars per day; and clerks, five 
dollars per day, to be paid on certificates of the Clerk, 
out of any money in the treasury applicable to the pay- 
ment thereof, and charged to incidental expenses. This 
ordinance shall apply to all officers of elections held as 
aforesaid, who have not been heretofore paid. 


10. It shall be the duty of the Enrolling Clerk of the 
Council within ten days after each election heid in said 


Ordinance, 
approved Dec. 
Teisile 


Ordinance, 
approved July 
19, 1856. 


Ordinance, 
approved May 
11, 1874. 


City to make out a correct roll of all persons who served , 


208 


ELECTIONS. 


Ordinance, 
approved Apr. 
10, 1852. 


as officers at the election, whether as judge, sheriff, or 
clerk, and the precinct and ward -where said officers 
served; also the name of the owner and location of the 
room used as a voting-place, for which rent is properly 
payable by The City for said purpose, and the amount to 
be paid each. The election roll, as thus prepared, shall 
be reported to the General Council by said Enrolling 
Clerk within thirty day after each election in said City. 


11. When the election of any officer elected under the 
provisions of the charter of The City of Louisville, other 
than members of the General Council, is contested, the 
president of the Board of Aldermen and the president 
of the Board of Common Council shall constitute a Board 
to determine the contest, and its determination, if con- 
curred in by the General Council, shall be final. If the 
members of the Board do not agree, they shall separately 
report to the General Council their conclusion and the 
facts upon which it is founded, and then the General 
Council shall immediately determine the contest upon 
the facts reported. 

12. When the election of a member of the General 
Council is contested, that Board to which he belongs 
shall, after its first meeting after notice of contest shall 
be given, select a board of three of its members for 
determining the contest, and its decision shall be reported 
to that Board of the General Council by which it was 
appointed for its future action. 

13. No application to contest the election of any officer 
shall be heard unless notice thereof in writing, signed by 
the party contesting, is given within ten days after the 
election to the officer returned. The notice shall state 
the grounds of the contest, and none other coming from 
the party giving the notice shall afterwards be heard. 


14. Immediately after such notice each party may pro- 
ceed to take proof by depositions, under the same rules 
and regulations: as govern the taking of depositions in 
suits in Chancery, except that no dedimus shall be neces- 
sary in any case. The depositions shall be sealed up by 


ELECTIONS. 


209 


the officer taking them, and directed to the board decid- 
ing the contest. Such depositions, properly taken, shall 
be read as evidence before that branch of the General 
Council or the board having jurisdiction of the case; 
but either may, in its discretion, call for and hear other 
proof. 


15. Any citizen of Louisville may contest the election 
of any officer on the ground of his ineligibility, but no 
one but a defeated candidate shall contest an election on 
other grounds. Any member of either Board of the 
General Council may, within one week after the first 
meeting of the General Council, contest the qualification 
and election of any other member of the Board to which 
he belongs. 


16. Elections of officers by the Council shall be con- 
ducted in joint session in the hall of the Common 
Council, at such time as may be appointed by concurrent 
resolutions of the Boards thereof. | 


17. Whenever a special election may be necessary, it 
may be ordered by joint resolution of the Council, and 
shall be governed by the same rules as other elections, 
unless otherwise expressly directed. 


18. It shall be unlawful to hold an election in any of 
the engine-houses or police-stations of The City of 
Louisville. 

19. The election precincts and places of voting shall be 
at or near the following places: 


20. First Ward.— First Precinct: Bounded by the 
Ohio river on the north, Beargrass Creek on the south, 
the center line of Hancock Street on the west, and the 
City limits on the east; the voting-place to be at or near 
Gay’s lumber office, on Fulton Street, between Cabel and 
Adams streets. Second Precinct: Bounded on the north 
by the old bed of Beargrass Creek, on the south by the 
Louisville and Frankfort Railroad, by the City limits on 
the east, and the center line of Wenzel Street on the 


west; the voting-place shall be at or near Kast Main 
14 


Ordinance, 
approved Oct. 
28, 1858. 


Ordinance, 
approved Nov. 
5, 1853. 


Ordinance, 
approved Feb. 
16, 1878. 


Ordinance, 
approved Sept. 
30, 1882. 


210 


ELECTIONS. 


and Pocahontas streets. Third Precinct: Bounded on 
the north by the Louisville and Frankfort railroad, on 
the south by the center line of Broadway to Baxter 
Avenue, thence on the south and east by the southern 
and western boundary line of Cave Hill Cemetery and 
the City limits, and west by the center line of Wenzel 
Street, extended to the center line of Broadway; the 
voting-place to be on Baxter Avenue, between the bridge 
and Hamilton Avenue. Fourth Precinct: Bounded on 
the north by the center line of Broadway to Baxter 
Avenue, thence on the north and east by the southern 
and western line of Cave Hill Cemetery, thence on the 
south by the City limits, and on the west by the center 
line of Barrett Avenue to the City limits; the voting- 
place to be at or near the corner of Baxter Avenue and 
Howard Street. 


21. Second Ward.— First Precinct: Bounded on the 
north by Beargrass Creek, on the south by the center 
line of Green Street, on the east by the center line of 
Wenzel Street, and on the west by the center line of 
Shelby Street; the voting-place to be at or near the 
corner of Main and Campbell streets. Second Precinct: 
Bounded on the north by the center line of Green Street, 
on the south by the center line of Laurel Street extended 
to Barret Avenue, on the east by the center line of 
Wenzel Street to Garden Street to terminus in straight 
line to Barret Avenue, to Laurel Street extended, and on 
the west by the center line of Shelby Street; the voting- 
place to be at or near the corner of Campbell and Kellar 
streets. Third Precinct: Bounded on the north by the 
center line of Laurel Street, on the south by the City 
limits, on the east by the center line of Barret Avenue, 
and on the west by the center line of Shelby Street; 
the voting-place to be at or near the corner of Logan and 
Mary Streets. 


22. Third Ward.—First Precinct: Bounded on the 
north by Beargrass Creek, on the south by the center 
line of Market Street, on the east by the center line of 


ELECTIONS. 


Shelby Street, and on the west by the center line of 
Hancock Street; the voting-place to be at or near the cor- 
ner of Clay and Main streets. Second Precinct: Bounded 
on the north by the center line of Market Street, on the 
south by the center line of Walnut Street, on the east by 
the center line of Shelby Street, and on the west by the 
center line of Hancock street; the voting-place to be at 
or near the corner of Clay and Green streets. Third 
Precinct: Bounded or the north by the center line of 
Walnut Street, on the south by the center line of Broad- 
way, on the east by the center line of Shelby Street, and 
onthe west by the center line of Hancock Street; the vot- 
ing-place to be at or near the corner of Clay and Chestnut 
streets. Fourth Precinct: Bounded on the north by the 
center line of Broadway, on the south side by the City 
limits, on the east by the center line of Shelby Street, 
and on the west by the center line of Hancock Street 
extended; the voting-place to be at or near the north or 
southwest corner of Roselane and Shelby Streets. 


23. Fourth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line of 
Market Street, on the east by the center line of Hancock 
Street, and on the west by the center line of Preston 
Street; the voting-place to be on Main, between Preston 
and Jackson Streets. Second Precinct: Bounded on the 
north by the center line of Market Street, on the south 
by the center line of Marshall Street, on the east by the 
center line of Hancock Street, and on the west by the 
center line of Preston Street; the voting-place to be at 
or near the corner of Jackson and Green streets. Third 
Precinct: Bounded on the north by the center line of 
Marshall Street, on the south by the center line of Broad- 
way, on the east by the center line of Hancock Street, on 
the west by the center line. of Preston street; the 
voting-place to be at or near the corner of Jackson 
and Gray streets. Fourth Precinct: Bounded on the 
north by the center line of Broadway, on the south by 
the City limits, on the east by the center line of Hancock 


211 


212 


ELECTIONS. 


Street extended, and on the west by the center line of 
Preston Street; the voting-place to be held at or near 
the corner of Jackson and Lampton streets. 


24. Hifth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the east by the center line of 
Preston Street, on the south by the center line of Market 
Street, and on the west by the center line of First Street; 
the voting-place to be on Main Street, between Floyd and 
Brook streets. Second Precinct: Bounded on the north 
by the center line of Market Street, on the east by the 
center line of Preston Street, on the south by the center 
line of Walnut Street, and on the west by the center line 
of First Street; the voting-place to be on Green Street, 
between East and Floyd Streets. Third Precinct: Bounded 
on the north by the center line of Walnut Street, on the 
east by the center line of Preston Street, on the south by 
Broadway, and on the west by the center line of First 
Street; the voting-place to be on Chestnut, between 
Brook and Floyd streets. Fourth Precinct: Bounded on 
the north by the center of Broadway, on the east by the 
center of Preston Street, on the south by the City limits, 
and on the west by the center line of First Street; the 
voting-place to be at or near the corner of Floyd and 
Breckinridge streets. 


20. Sixth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of Green Street, on the east by the center line of First 
Street, and on the west by the center line of Third Street; 
the voting-place to be at or near the corner of Second and 
Jefferson streets. Second Precinct: Bounded on the north 
by the center line of Green Street, on the south by the 
center line of Jacob Street extended to Third Street, on 
the east by the center line of First Street, and on the west 
by the center line of Third Street; the voting-place to 
be at or near the corner of Second and Chestnut streets; 
Third Precinct: Bounded on the north by the center line 
of Jacob Street extended to Third Street, on the south by 
the City limits, on the east by the center line of First 


ELECTIONS. 


Street, and on the west by the center line of Third Street; 
the voting-place to be at or near the corner of Second and 
College streets. 

26. Seventh Ward.— First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of Green Street, on the west by the center line of Fifth 
Street, and on the east by the center line of Third Street; 
the voting-place to be at or near the northwest corner of 
Third and Jefferson streets. Second Precinct: Bounded 
on the north by the center line of Green Street, on the 
south by the center line of York Street, on the east by the 
center line of Third Street, and on the west by the center 
line of Fifth Street; the voting-place to be on Fourth 
Street, between Walnut and Chestnut. Third Precinct: 
Bounded on the north by the center line of York Street; 
on the south by the City limits, on the east by the center 
line of Third Street, and on the west by the center line of 
Fifth Street; the voting-place to be on Breckinridge 
Street, between Third and Fourth. 


27. Highth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line of 
Market Street, on the east by the center line of Fifth 
Street, on the west by the center line of Seventh Street, 
the voting-place to be at or near the northeast corner of 
Sixth and Market streets. Second Precinct: Bounded on 
the north by the center line of Market Street, on the south 
by the center line of Chestnut Street, on the east by the 
center line of Fifth Street, on the west by the center line 
of Seventh Street; the voting-place to be at or near the 
courthouse. Third Precinct: Bounded on the north by 
the center line of Chestnut Street, on the south by the 
City limits, on the east by the center line of Fifth Street, 
and on the west by the center line of Seventh Street; 
the voting-place to be at or near the corner of York and 
Sixth streets. 

28. Ninth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of Jefferson Street, on the east by the center line of 


213 


214 


ELECTIONS. 


Seventh Street, on the west by the center line of Tenth 
Street; the voting-place to be on the north side of Market 
Street, between Eighth and Ninth streets. Second 
Precinct: Bounded on the north by the center line of 
Jefferson Street, on the south by the center line of Walnut 
Street, on the east by the center line of Seventh Street, 
on the west by the center line of. Tenth Street. The 
voting-place to be on Ninth, near Green Street. Third 
Precinct: Bounded on the north by the center line of 
Walnut Street, on the south by the center line of Lexing- 
ton Street, on the east by the center line of Seventh 
Street, on the west by the center line of Tenth Street; 
the voting-place to be at or near the corner of Eighth and 
Magazine streets. Fourth Precinct: Bounded on the 
north by the center line of Lexington Street, on the south 
by the iTty limits, on the east by the center line of Seventh 
Street, on the west by the center line of Tenth Street; 
the voting-place to be at or near the corner of Eighth and 
Churchill streets. | 


29. Tenth Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of Market Street, on the east by the center line of Tenth 
Street, on the west by the center line of Fourteenth Street; 
the voting-place to be on Eleventh Street, between Main 
and Market streets. Second Precinct: Bounded on the 
north by the center line of Market Street, on the south by 
the center line of Grayson Street, on the east by the 
center line of Tenth Street, on the west by the center line 
of Fourteenth Street; the voting-place to be at or near 
the corner of Thirteenth and Jefferson streets. Third 
Precinct: Bounded on the north by the center line 
of Grayson Street, on the south by the center line of 
Broadway, on the east by the center line of Tenth 
Street, on the west by the center line of Fourteenth 
Street; the voting-place to be at or near the corner of 
Twelfth and Madison streets. Fourth Precinct: Bounded 
on the north by the center line of Broadway, on the south 
by the City limits, on the east by the center line of Tenth 


ELECTIONS. 


Street, on the west by the center line of Fourteenth Street; 
the voting-place to be at or near the corner of Twelfth 
and Maple streets. 


30. Hleventh Ward.—First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of Rowan Street, on the east by the center line of Four- 
teenth Street, on the west by a line commencing at the 
intersection of Jefferson and Twenty-first streets, thence 
northwardly with the center line of Twenty-first Street to 
the center of Portland Avenue, thence eastwardly with 
the center line of Portland Avenue to the center line of 
Kighteenth Street, thence northwardly with the center 
line of Eighteenth Street to the northern limits of the 
Tity; the voting-place to be on Portland Avenue, near 
Seventeenth Street. Second Precinct: Bounded on the 
north by the center line of Rowan street, on the south by 
the center line of Market Street, on the east by the center 
line of Fourteenth Street, on the west by the center line 
of Twenty-first Street; the voting-place to be on Main 
Street, between Seventeenth and Eighteenth Streets. 
Third Precinct: Bounded on the north by the center line 
of Market Street, on the South by center line of 
Grayson Street, on the east by the center line of 
Fourteenth Street, on the west by the center line of 
Twenty-first Street; the voting-place to be on Green 
Street, between Fourteenth and Fifteenth streets. Fourth 
Precinct: Bounded on the north by the center line of 
Grayson Street, on the south by the center line of 
Broadway, on the east by the center line of Fourteenth 
Street, on the west by the center line of Seventeenth 
Street; the voting-place to be at or near the corner of 
Fifteenth and Walnut streets. Fifth Precinct: Bounded 
on the north by the center line of Grayson Street, on the 
south by the center line of Broadway, on the east by the 
center line of Seventeenth Street, on the west by the 
center line of Twenty-first street; the voting-place to 
be at or near the corner of Eighteenth and Chestnut 
streets. Sixth Precinct: Bounded on the north by the 


215 


216 


ELECTIONS. 


center line of Broadway, on the south by the City limits, 
on the east by the center line of Fourteenth street, on the 
west by the center line of Twenty-first Street; the voting-. 
place to be on Elizabeth Street between Sixteenth and 
Seventeenth streets. 


31. Twelfth Ward.— First Precinct: Bounded on the 
north by the Ohio river, on the south by the center line 
of the canal, on the east by the center line of Kighteenth 
Street, on the west by the Ohio river; the voting-place 
to be at or near the southwest corner of Tarascon and 
Second streets. Second Precinct: Bounded on the north 
by the center line of the canal, on the west by the center 
line of Thirtieth Street southward to Duncan Street on 
a direct line of Thirtieth Street, on the east by the center 
line of Twenty-first Street across Portland Avenue to 
to the center line of Eighteenth Street; the voting-place 
to be on Twenty-sixth Street, between Portland Avenue 
and Bank Street. Third Precinct: Bounded on the north 
by the center line of Duncan Street, on the west and 
south by the City limits, on the east by the center line 
of Twenty-first Street; the voting-place to be on Market 
Street, between T'wenty-second and Sayre streets. Fourth 
Precinct: Bounded on the north by the Ohio river, on the 
west by the City limits, on the south by the City limits, 
on the east by the center line of Thirtieth Street; the 
voting-place to be at or near the southwest corner of 
Commercial Street and Rudd Avenue. 


esr See GENERAL CoUNCIL— OFFICES AND OFFICERS—POLICE—REGIS- 
TRATION, 


i dia aNd ed bel thd eds OS 


_ ENGINEER. 


GC. OU NCE WIN. 


1. The Engineer’s office created 
and assistants provided for. 


2. Election and term of office. 


3. Shall have the direction of pub- 
lic works, 


4, Duties, salary, and bond. 


5. Ordinances regulating the de- 
partment. 


6. The Engineer’s department re- 
established and continued; officers 
named, 


7. The Engineer to have the con- 
trol of the department. 


8. The senior assistant engineer to 
be Engineer pro tem. in certain emer- 
gencies. 

9. The duties of the Engineer 
enumerated. 


10. The officers of the department 
to perform engineering and survey- 
ing work. 

' 11. Closing or barricading of pub- 
lic ways during their improvement. 

12. The lines of public ways to be 
extended and marked in advance of 
Improvements. 

18. The responsibility of contrac- 
tors and builders in reference to 


obstructions incidental to work and 
improvement on public ways. 

14. The laying of gas-, water-, and 
drain-pipes regulated. 

15. Permits for the.improvement 
of sidewalks by owners. 


16. The office of “Engineer in 
charge of streets and City maps” 
created. 


17. Salary of the Engineer in 
charge of streets and City maps. 


18. The office of “Clerk in charge 
of buildings and street-repairs depart- 
ment” created. 

19. Salary of the clerk in charge 
of buildings and street-repairs depart- 
ment. 

20. The office of “ Book-keeper for 
the City Engineer” created; salary. 

21. Additional assistants and em- 
ployes provided; street department; 
sewer department; salaries. 

22. The offices of “Inspectors of 
bowlder, Macadam, alley, gutter and 
alley repairs for the Eastern and 
Western districts of The City of 
Louisville” created; salary. 

23. Grade-maps 
thereof. 


and duplicates 


1. There shall be a principal Engineer for said City, 
who shall have power to appoint as many assistants and 
other employes as may be authorized by ordinance for 
the efficient management and conduct of this department. 


2. He shall be elected by the General Council by viva- 
voce vote in joint session every two years; the election to 


The charter, 
act of March 3, 


1870. 
et seq. 


See. 


29 


“~t 


218 


Ordinance, 
passed Feb. 27, 


1877. 
seq. 


See. 1 et 


ENGIN £ER. 


be within the first month after the inauguration of the 
new Council; Provided, that the first term of said officer 
shall expire as if the election had taken place in January, 
1870. | 


3. He shall have the direction in the improvement and 
repairs of public ways, and other public works which the 
General Council may by ordinance or resolution direct to 
be made, and which may be confided to his supervision. 


4. His duties shall be prescribed by ordinance. He 
shall receive an annual salary of not more than five 
thousand nor less than three thousand dollars, in the 
discretion of the General Council; and his assistants and 
employes shall receive such compensation as shall be 


prescribed by ordinance. He shall be required to enter 


into covenant to The City, with good surety, to be 
approved by the General Council, for the faithful and 
efficient performance of his duties. 


9. The General Council shall pass all needful ordi- 
nances to give efficiency to this department, and prevent 
abuse of the powers conferred upon said Engineer. 


6. The department of the City government heretofore 
designated the City Engineer’s department is hereby 
reestablished and continued. ‘The officers shall consist 
of the City Engineer, the assistant engineers, and the 
field- and office-force necessary to execute the regular work 
of the department, and such other work as may from 
time to time be ordered by the Mayor and the General 
Council. Of the assistant engineers for the City work 
proper there shall be one principal assistant engineer, 
one first assistant engineer, and two second assistant 
engineers; and of the field- and office-force there shall be 
one draughtsman, one clerk, one leveler, one chainman, 
two street supervisors, one superintendent of bowlder 
repairs, one superintendent of Macadam repairs, one 
superintendent of gutter repairs, one clerk in charge of 


building permits, and such transitmen and rodmen as the 


department may from time to time require. 


ENGINEER. 


219 


7. Subject to such rules, regulations, and restrictions 
as may from time to time be prescribed by the General 
Council, the City Engineer shall have supervision and 
direction and control of the Engineer’s department, and 
shall assign to the officers thereof and the employes their 
duties, and prescribe rules and regulations to be observed 
and complied with by them in the performance of their 
duties. 


8. Whenever from sickness, absence, or other cause 
the City Engineer shall be unable or fail to discharge any 
of the duties of his office, his place shall be supplied and 
duties performed during the time or for the occasion by 
the senior assistant City Engineer, unless otherwise 
directed by the General Council. 


9. The duties of the Engineer shall be as follows: (1) 
To have records kept in suitable books and in appropriate 
form, with proper and convenient indexes for ready 
reference thereto, of all matters pertaining to the depart- 
ment. (2) At the earliest time practicable, to have made, 
with the assistance of the officers and employes of the 
department, a complete topographical and drainage-map 
of The City, and to prepare and preserve in proper form 
as part of the records of the department, a complete 
register of all useful field-notes for levels. and proper 
running out of street-lines; and at the end of every year 
to indicate by platting on the topographical map all 
important changes in streets and City lines. (3) In like 
manner to prepare without delay, with such force as 
may be necessary, a Sewerage map, with accompanying 
profiles and sections. (4) To prepare in appropriate 
form and carefully preserve as part of the records of 
the department a perfect register of contract measure- 
ments, plans, profiles, and cross-sections, with proper 
notes of dimensions and calculations. (5) To make and 
carefully preserve, as part of the records of the depart- 
ment, maps, profiles, and working-drawings, with such 
indorsements thereon as will give the date of commence- 
ment and completion of the work, and all information 


220 


ENGINEER. 


which would be of use in future in repairing and recon- 
tructing. (6) Tomake monthly and annual reports to the 
Council of the business of the department and of the 
contracts completed, as well as all expirations of un- 
finished contracts and those in process of execution. (7) 
‘To keep in convenient form all communications made by 
him to any department or office of The City; also signed 
duplicates of all contracts as made through him or by 
the Mayor and attested by him; and also books of 
accounts showing systematically all transactions of or 
relating to the Engineer’s department. (8) To make out 


to be submitted for the approval of the Council, all bills 


of apportionment of the costs of all work chargeable to 
property-holders upon a list furnished by the Assessor. 
(9) To preserve carefully in his office all instruments, 
maps, plats, and surveys, with all records, books, papers, 
and other things relating thereto. (10) To cause to be 
carried into effect, and to superintend all contracts of The 
City concerning or for the improvement of public ways. 
The City Engineer shall have charge of all the public 
works in The City and entire control and supervision of 
the construction of all work executed by The City, con- 
sistent with the terms of the contract. 


10. The officers of the department shall perform all 
surveying and engineering and work relating thereto 
which may be ordered by the General Council, and 
perform all other acts relating to matters placed particu- 
larly under their charge which the best interests of The 
City may require. They shall not be hindered or 
obstructed in surveying, leveling, or causing to be erected 
any public works under their control. Any person 
violating this clause shall be fined not less than ten nor 
more than twenty dollars for each offense. 


11. The City Engineer shall cause to be closed streets 
or alleys while under improvement, reserving if practicable, 
a passage on one side; and the whole or any part of any 
street or alley may be inclosed with barriers. Any person 
who shall remove or interfere with said barriers without 


ENGINEER. 


221 


permission of the City Engineer, or shall ride, drive, or 
lead a horse or other animal over such barrier or upon 
the place intended to be excluded shall be fined five 
dollars for each offense. 


12. The City Engineer shall from time to time, in 
advance of improvement, extend the lines of all public 


ways and mark the street when necessary with suitable “ *% 


stone monuments. 


13. Heshall when necessary cause to be erected suitable, 


barriers across any public way wherein alterations or 
improvements of any kind are in progress; but the con- 
tractor shall in all cases be held responsible for any 
damage arising from imperfect barriers; and when it is 
necessary to deposit materials of any kind on public 
ways adjacent to the improvement in which they are to 
be used great care shall be taken by the contractor that 
such material shall occupy a small space and be removed 
as soon as possible; The City to be in no case liable for 
damages arising from an improper use of any public way 
by any contractor or builder. 


14. The City Engineer’s department is empowered to 
supervise and control the laying of gas-, water-, or drain- 
pipes, and removing any part of the street or sidewalk 
for the purpose of excavating cellars or for the erection 
or alteration of any building or buildings. It shall be 


his duty before any person or persons shall commence. 


such work to give a permit for the same, and to require 
that a covenant be entered into before the Mayor or City 
Engineer that the parties in question during the time in 
which the streets or sidewalks are being excavated or 
pavements removed, shall accept full liability and be 
held responsible for any accident that may occur to 
individuals or to the public; and the parties so obtaining 
permits will be required to erect such barricades as may 
be necessary for the protection of life and property, and 
to leave the streets and sidewalks in as good condition as 
when said work was cagmmenced, and to keep the same 
in like good condition for six months thereafter. All 


Ordinance, 
passed Feb. 27, 


itt ee 


Sec. 138 


ENGINEER. 


Ordinance, 
approved Aug. 
24, 1870. 


Ordinance, 
approvea Apr. 
25, 1881. 


Ordinance, 
approved Aug. 
Plater 


Ordinance 
approved Sept. 
1, 1883. 


connections with sewers shall be Peliaation: and approved 
before being covered. 


15. The City Engineer is hereby authorized to issue 
permits to property-owners desiring at their own expense 
to improve the sidewalks in front of their property; 
Provided, the person or persons applying for said permit 
execute a bond to The City of Louisville to perform the 
work in accordance with the directions of the City 
Engineer; the work to be executed under his supervision 
and in accordance with the grades to be furnished by the 
said City Engineer. 


16. The office of assistant City Engineer, to be known 
and designated as ‘‘ Engineer in charge of streets and City 
maps,’’ is hereby, created, and the City Engineer is hereby 
authorized to appoint a suitable person to said office. 


17. The assistant provided for in Section 1 of this ordi- 
nance shall receive a salary of two thousand dollars per 
annum, to be paid in monthly installments on the City 
Engineer’s pay-roll. 

18. The office of ‘‘Clerk in charge of buildings and 
street-repairs department’? is hereby created, and the 
City Engineer is authorized to fill the same by the appoint- 
ment of some suitable person. 


19. The salary of the ‘‘Clerk in charge of buildings 
and street-repairs department’? shall be twelve dundred 


dollars per annwm, payable in monthly installments. 


20. The office of Book-keeper for the City Engineer 
is hereby created, and the City Engineer is hereby 
authorized to appoint a suitable person to said office. 
The salary of Book-keeper for the City Engineer shall be 
sixteen hundred dollars per annwm, payable in monthly 
installments. 


21. The City Engineer is hereby authorized to appoint 
the following assistants and employes with the compensa- 
tion herein fixed, to wit: Street Department: One assist- 
ant engineer, Eastern District, per year, fifteen hundred 
dollars; one assistant engineer, Western District, per 


ENGINEER. 


year, fifteen hundred dollars; one leveler, per year, eight 
hundred dollars; one assistant clerk, per year, eight 
hundred doUars. Sewer Department: One assistant 
engineer, Eastern Distrtct, per year, fifteen hundred 
dollars; one assistant engineer, Western District, per 
year fifteen hundred dollars; one transitman, per year, 
six hundred dollars; one draughtsman, per year, one 
thousand dollars; one assistant clerk, per year, eight 
hundred dollars; said sums to be paid on monthly pay- 
rolls made by the City Engineer. 


22. There are hereby created the offices of Inspectors 
of bowlder, macadam, alley, gutter and alley repairs 
for the Eastern and Western Districts of The City of 
Louisville. There shall be one of said Inspectors for 
each district, to be appointed by the City Engineer. 
Said Inspectors shall each receive the sum of five dollars 
per day. 


23. Whenever hereafter the the City Engineer shall 
report any grade-map, and the same shall be approved 
by the General Council, said map shall thereafter remain 
in the office of the Clerk of either Board, as a part of the 
records of their office, and shall not be removed there- 
from by any person; and it shall likewise be the duty of 
said Engineer to prepare a duplicate of said map, upon 
which shall likewise be indorsed the resolution of the 
approval of said grade by the General Council, which 
duplicate shall be carefully preserved in, and form a 
part of the records of the office of the City Engineer. 


Bes-See BurLpDINGs — CISTERNS, WELLS,AND HYDRANTS — CONTRACTS — 
GAS—OFFICES AND OFFICERS—PUBLIC WAyYS—RAILROADS— SEWAGE AND 
DRAINAGE— TELEGRAPH, TELEPHONES, AND CONDUITS—TRANSFER AND 
TRANSPORTATION COMPANIES — W ATER. 


Ordinance, 
approved Dec. 
29, 1883. 


Ordinance, 
approved Feb. 
27, 1856. 


Sec. 5255, 
Title xii, op. 
1021, Revised 
Statutes U. S. 
Mar. 3, 1873. 


OHA CG Reel 


FEDERAL RELATIONS. 


C OANS TSN aL se 


1. The control and management of ; Federal buildings in Louisville au- 
of the Louisville and Portland Canal | thorized. 
assumed by the United States pro- 
viso. 3. Exclusive jurisdiction ceded to 


2. The purchase of ground for | the United States; reservations. 


1. The Secretary of the Treasury is directed to assume, 
on behalf of the United States, the control and manage- 
ment of the Louisville and Portland Canal, in conformity 
with the terms of the joint resolution of the legislature 


_of the State of Kentucky, approved March 28, 1872,1 at 


such time and in such manner as in his judgment the 
interest of the United States and the commerce thereof 
may require; Provided, that after the United States 
shall assume control of said canal the tolls thereon on 
vessels propelled by steam shall be reduced to twenty- 
five cents per ton, and on all other vessels in proportion. 


1This resolution, as it appears on the journal of the legislature, is entitled 
“Resolution 387, in relation to the Louisville and Portland Canal; approved 
March 28, 1872,” and is as follows: 

Whereas, All the the stock in the Louisville and Portland Canal belongs 
to the United States Government except five shares owned by the directors 
of the Louisville and Portland Canal Company, and said directors, under the 
authority of the legislation of Kentucky and the United States, executed a 
mortgage to secure bonds named in said mortgage, some of which are out 
and unpaid, and said Canal Company may owe other debts; and, 

Whereas, It is right and proper that the government of the United States 
should assume the control and management of said canal; therefore, 

Be it resolved by the General Assembly of the Commonwealth of Kentucky, 
that the president and directors of the Louisville and Portland Canal Company 


FEDERAL RELATIONS. 

2. The United States Government is hereby authorized 
and empowered to purchase and hold ground within the 
corporate limits of The City of Louisville sufficient and 
suitable for the erection and use of public buildings for 
occupation as a post-office, United States Collectors’, 
Pension Commissioners’, and offices for the use of other 
United States officials and the Federal Courts in said City. 

3. Exclusive jurisdiction over such ground as may be 
purchased and held for the aforesaid use is hereby ceded 
to the United States so long as they remain the owners 
thereof, for all purposes except the administration of the 
criminal laws of this commonwealth and the service of 
any civil process therein, and shall be exempt from State 
and County taxes. 


R@S- See BRIDGES AND FERRIES —CANALS— CORPORATE POWERS — 
SEWAGE AND DRAINAGE— TAXATION. 


are hereby authorized and directed to surrender the said canal and all the 
property connected therewith to the Government of the United States upon the 
' following terms and conditions: 

Z1. That the Government of the United States shall not levy tolls upon said 
canal, except so much as may be necessary to keep the same in repair, pay 
all necessary superintendence, custody, and expense, and make all necessary 
improvements. 

72. That The City of Louisville shall have the right to throw bridges over 
the canal at such points as said City may deem proper; provided always, that 
said bridges shall be so located as not to interfere with the use to the canal 
and so constructed as not to interfere with its navigation. 

23. That the title and possession of the United States to said canal shall 
not interfere with the right of the State to serve criminal and civil processes 
and with the State’s general police powers over the territory covered by the 
said canal and appendages. 

24. And further, that The City of Louisville shall at all times have the 
right of drainage into said canal, provided that the connections between the 
drains and canal shall be made upon the most approved plan to keep out mud 
and garbage. 

25. That the use of the water-power of said canal shall be guaranteed 
forever to the actual owners of property contiguous to said canal, its branches 
and dams, subject to such restrictions and regulations as may be made by the 
secretary of that department of the United States Government which may 
have charge of the said canal. 

26. That the government of the United States shall, before such surrender, 
discharge said mortgage and pay all debts due by the said Canal Company 
and purchase the stock of said directors. 

15 


225 


An act au- 
thorizing the 
purchase of 
grounds for 
Federal build- 
ings in The 
City of Louis- 
ville, and ced- 
ing to the 
United States 
jurisdiction 
oversame, Ap- 
proved April 
24, 1880. 


CUT GAS EU Mite ele 


FINANCE, 


COUN WI ENG aos 


1. “ Bounty Bonds” of February 
27, 1865; authority for their issue. 

2. Authority for additional bonds. 

3.. Popular vote unnecessary. 

4, Ordinance. 

5. “School Bonds” of June 10, 
1865; authority for their isssue. 

6. Ordinance. 

7. “Cabel - Street Improvement 
Bonds” of March 26, 1866; authority 
for their issue. 

8. Ordinance. 

9. “School Bonds” of April 10, 
1866; authority for their issue. 

10. Ordinance. 

11. “Water Bonds” of 
1857; ordinance. 

12. “School Bonds” of May 1, 
1867; authority for their issue. 

13. Ordinance. 

14, “ E. & P. Subscription Bonds” 
of October 1, 1868; ordinance. 

15. “ Water Bonds” of May 1, 
1859; ordinance. 

16. “Old - Liabilities Bonds” of 
June 1, 1869; authority for their 
issue. 

17. “City - Hall Bonds” of April 1, 
1871; ordinance. 

LE SeN SA my Grote Ls. 2Air dine 
Subscription Bonds” of September 
1, 1871; ordinance. 

19. “City - Institutions Bonds” of 
June 1, 1872; authority for their 
issue. 

20. Ordinance. 


21. “Old Liabilities 


May 1, 


Bonds” of 


March 1, 1874; authority for their 
issue. 

22. Ordinance. 

23. “Street-[mprovement Bonds” 
of August 25, 1866; September 15, 
1866; October 1, 1866; December 
15, 1866; authority for their issue. 

24. Ordinance. 

25. “Street-[mprovement Bonds” 
of August 1, 1867; ordinance. 

26. “Sewers Bonds” of July 1, 
1868; authority for their issue. 

27. Additional authority. 

28. Ordinance. 

29. “ New-Jail Bonds” of October 
1, 1868; Authority for their issue. 

30. “Old - Liabilities Bonds” of 
April 1, 1871; ordinance. 

31. “ Road-bed Bonds” of July 1, 
1873; ordinance. 

32.04 i & POR. TRS SBondaaon 
January 1, 1873; authority for: their 
issue, 

33. “City - Hall, Reconstruction, 
and Road-bed Bonds” of 1873; au- 
thority for their issue. 

34. “ Reconstruction Bonds” of 
July 1, 1878; authority for their 
issue. 

35, Ordinance. 

36. “Old - Liabilities 
May 1, 1880; 


issue. 


Bonds” of 
authority for their 


oO 


37. Ordinance. 


38. “Improvement Bonds” of 
July 1, 18838; authority for their 
issue. 


39. Ordinance. 


FINANCE. 
40. Ordinance. 43. Appropriation of one million 
41. Acts relative to said bonds. dollars for claims prior to 1879. 


42. Transfer of proceeds of Jail 44. Copies of lost L. & N. tax- 
and Improvement Bonds to the | receipts available. 
Workhouse account ; houses-of-refuge 45. Farmers’ Loan and Trust Co. 
tax. authorized to act as The City’s agent. 


1. In order to raise a fund for the payment of additional 
bounties, and thus, by encouraging enlistments in the 
military service of the United States, to avoid a draft in 
The City of Louisville, the General Council of said City 
shall have the power to issue and dispose of the bonds of 
said City to the amount of one hundred thousand dollars, 
bearing six per centum per annwm interest, with coupons 
for semi-annual interest, and having such maturities, not 
exceeding twenty years from their date, and payable at 
such times and places, and in such sums as may be ex- 
pressed in said bonds. To provide for the payment of 
said bonds and interest, said General Council shall have 
power, from and after the tenth of March, 1865, to levy 
and collect an ad valorem tax upon all real and personal 
property within the limits of The City of Louisville, at 
the rate of not exceeding ten cents per annwm on each 
one hundred dollars’ worth of said property, which taxes 
shall be secured by len on the property as now provided 
in the City charter, and shall be collected as other taxes. 
And if said ad valorem tax shall be levied the General 
Council shall, at the same time and for the same purpose, 
levy a per capitation tax of not exceeding ten dollars on 
each white male resident of said City between the ages 
of twenty and sixty years; Provided, however, that no 
person who has served two years or more in the army of 
the United States since the present rebellion, or who is 
exempt from draft by having furnished a substitute in 
said service, shall be subject to said capitation tax; and 
said ad valorem and capitation tax shall be levied and 
collected on assessments to be made under the direction 
of said General Council. : 


vo 
wo 
~ 


An act to 
providea boun- 
ty fund in The 
City of Louis- 
ville. Approv- 
ed Feb. 1, 1865. 


FINANOE. 


An act to 
enableThe City 
of Louisville to 
issue bonds to 
provide a boun- 
ty fund. Ap- 
proved Feb. 7, 
1865. 


2. In order to raise a fund for the payment of additional 
bounties, and thus by encouraging enlistments in the 
military service of the United States, to avoid a draft in 
The City of Louisville, the General Council of said City 
shall have power to issue and dispose of the bonds of 
said City to the amount in the aggregate of one hundred 
thousand dollars with coupons for semi-anuual interest; 
said bonds to be for one thousand dollars each,and payable 
twenty years after date, at such times and places as may 
be expressed in said bonds; the principal and interest of 
said bonds to be a charge upon and paid out of the Sink- 
ing Fund of said City. 1 


—_— 


1 Authority will be found above for the issues of such City-of-Louisville 
mature will be seen from the following table, furnished by the Secretary and 


mee 

Ss 

Date. For What Purpose Issued. Qe [se 

3 g 

See 
Mebruaryi2s, 1860) 204% ckcocsanecsteseee||) sp OUD TY! a ceccas Nace eannseh ogee cuneate eee nee eed 6 7 
TUNG LO, PESO. Meee sebeces caeeescecs ieeeesess Schoolstie. ee JEN Ph oc ba tdtestnausecseyeenets 6 33 
March 26,1 86622; 2.040 .chsct bacteseeseeees|) SOabelsstreet improvement..-....0— ee oe 6 8 
PA DUlelOWLSHG concssest anes acca eeestenarece SCHOOIS Ritaes its eeacteee ce ee ee 6 30 
MV aryl SILSST 2. ceetcscoscsdsosecoteneeteee Coreedit mV ber, COM Pal Vacs ayere snc seen tere eee 6 500 
Mat, 150%, cate a icnceee ee cet ee BOhogls,Gedeccusctd nla este kad ena 6 27 
UP UStCO, LSO85 et cesencosaeracoctecer senses IW aris Siasscssesacctase sere sseettmere eet arenes 6 21 
October MSH Seren. ec steeeeeeee Ke 8 Px Railroad cass ore eee 4 812 
December 1; USGS osc ss cece ceccc fe a WV DLGT bitte ceeceet Ogrea t cletets cai een cceteea ae a on mn + 
May 1, 1850... 255 -c5.ccccdecnsssesaucen-acasde}y, YU bOR) WOR) DAILY tat oe cpus nee ee eee eulrkeob 224 
JUNCGEL, WSCO ec ccdotsceseciexcceowte wont eee lier OL CLMITE DIL BLAS pee. cared, ocr neene ee eee 6 65 
PUM Wl, PEGI ceaconsenstecs sesecs meat te SCHOOlS eo trcees a cceteost ytess set urea eee! 6 23 
April Wl, shoal eee este hact catacese City Halles cae ek ae ee eee i 150 
meptem berg, USiile..scses.s sees seer esse rere L., N. A. & St. L. A.-l. Railroad........... 7 485 
PUNO LS TB (Lis ek cuucereshoealcstceeste was City WEnstitUtlo nieces ceca aeons eeeer fs 200 
Octoverill 1862 amet ot eee W RO 0k, cata ateor tence ae akon ohana een Tenene Coees 6 6 
Bebraanys2, LSG30 222. ssccc oct ducsctict as WRAP Ts cronccnace einen satel, Useene Beet aceeetttc ee teeeee 6 10 
March tl” 181420 2... wtecrercusrte er teceters Oldjliabulities.. ces scream ve 394 
AUP USE 2D LSOG sco tests eneeee creme tence Street improvementit.2. ,.scsccecen ecole 6 32 
Septem berilO 1866s. csccssejesass sea eesoes Street Lap TOVOMeN Lessee cer ese seen nea 6 10 
Ootobersl 1 Sbbwe ee een, Street improvements... sere cee eee GP PD 
Decempberplo, WSCC 51. .ccceces toca ces ea Street improvement.................. Stes, 6 88 
ULY Wl PUSS Tires hecepeccvenccsctecerscosecovese| nl AVY LOL) COM DAL Yiy cee rence: seca ones ie ees 6 499 
August 1) 1867... scseccsscs Street improvement... iy a-0-d ree. ver aes 6 89 
igi velt SISOS Jecccscsccs ce ecs Whar te Cee ee ee et ee ate 6 124 
MUL Valle OGSia.ceotsbeens tae NOWOLBic tees cc eee tocceuNe po5d obec tat eee ea 6 S1 
October 1, 1868........... IN OW SMI. 2 Oia van testes edlseste ben tee Neat gee eee 6 133 
PATIL s PLB lcsssteee esses Old liabilities............ ef 119 
DUNO Ls sLS iT Live accesses Sewer improvement... 7 423 
OLY A, (2.54 Lectetnasses Road-bed. cscc e.g ysce 7 150 
January 1, 1873..... ... K. & P. Railroad... 7 998 
ADCIM gel Bio ac-teechasens Dity Halls. 7 200 
SAELY AP LSS toices costacepoets on sdcereecsersesn|. SVC CONBLERCRION cs ekoys este eee 7 600 
PULVUIMLS Ar eevaecoostssccssceeete cere stke Road-bedice.. westerns SHawly seesd 7 200 
May A SLSR ie ses tierscacicatescohoegiceg Five per cent, 10-40 old liabilities ....... twafl etd 500 
DVT VLE ALS OO LEM ceavecs sederscevone tee usecer: Five per cent. 20-40 old liabilities ......... 5 500 
SRR EE GS icepoctooractnorbochaen aadoae rrr Municipal improvements................... 06. 4 1000 
SD ELVead pL nGt ie cs abd ont ase -wann<nPeccetn dens extant Municipal improvements...... ........0.6. ws 4 1000 
Charge Ot Bink ig (RNG. 26 occu; can<useacces Oa cevenenteaee htahe sce tetas a he ime a eae ae 
, Charge on Special Taxation ...c. .iserstassens todos ree eae ee ee 


Total Funded Debt December 3], 1883................ 


FINANCE, 


3. An act approved February 1, 1865, entitled ‘‘An act 
to provide a bounty fund in The City of Louisville,’ 
and an act approved February 7, 1865, entitled ‘‘An act 
to enable The City of Louisville to issue bonds to provide {7 


a bounty fund,” 


are hereby amended as follows, viz 


eo he 


provisions of Sections 10, 11, and 12 of Article v1 of the 


charter of The City 


of Louisville, 


requiring 


certain 


ordinances to be submitted to a vote of the people shall 
not be construed as applying to, and shall not apply 
to the ordinances authorized to be passed by the two acts 
aforesaid. 


bonds as have not matured [July 1, 1884]. 


Treasurer of the Sinking Fund: 


‘any Way ML 


SEO O EERE EHO EEE ema Hee ee HH Ewe HHH es HEE EEEEEEEEE EEE HEE EEE HEHE EH HEHEHE THEEEH HEHEHE HEHEHE HEEEEY 


SEER ERE BORO EHR EE EEE TEETER HEHEHE HEHEHE HEHEHE ESTEE HEEEEE EEE EES EEEEEEETEEEHHEHEEETEEESOEE 


Payable by 
Where Payable. Amount, Sinking 
Fund. 
PSEA) OF MMU TL CLOT COveccces cevastiu eseneskveenvs cin tsinsoas $7,000 $7,000 
EOL RL PUL ELO IT CO. 1o, cceec tect secaas cee come aucesece 33,000 33,000 
Pbrek iro BC CTTCG ere ees ceect eeteeh ae veesce ss Ak 8,000 8,000 
Sinking Fund Office... WA ie eee SS 80,000 80,000 
Bank of America, New York ; 500,000 500,000 
tT eK ALG! OL GO A ANF eiceesces ee ceveonesahcotse tt 27,000 ° 7,000 
Basinking Hund \OMmicerme (sc adsseccntereen ss 21,000 21,000 
Bank of America, New York 812,000 812,000 
Sinking Fund Office... Ee eae tank cooks 4,000 4,000 
Bank of America, New Worl Mea: cod Ae. 234,000 234,000 
Rancid WM Omi centre io. closes. sek ade ke cesnees ees 65,000 65,000 
Pinkie bund OMmee.. 0. (shes. & megdeicecedeccss 23,000 23,000 
IBamiaOt AMericd, NOW YOLK2.>.c..05,sccccsauvooess 150,000 150,000 
Bank Of America, New YOLK se. o...cshcsdecesons a 485,000 485,000 
Bank of America, New York. :.....c...ccasses osc 200,000 200,000 
Mercantile Bank, New York.....................000 6,000 6,000 
Mercantile Bank, New York............. 10,000 10,000 
Bank of America, New York...........ccec0e: 394,000 394,000 
PSEC TLE AUTEN (101 COie nate: osceneacevaesseocenscesseses 32,000 32,000 
Sinking Fund Office 10,000 10,000 
Sinking Fund Office 20,000 20,000 
Sinking Fund Office 38,000 38,000 
Bank of America, New YOrK.......c.cceccsessesees 499,000 499,000 
PERCU De IG COCO: Fy yesh suse tet asaa cdeesecee access 89,000 89,000 
Sinking Wier P CG: fae oe es es tete odes 124,000 124,000 
PIE LOe OU MO TCO, oo oan culc hoses gus ced conenone ss ake ; 81,000 81,000 
Sinking Fund Office............:..:... 5 Re Mats eitbexvaie 133,000 133,000 
Pa RIM OREN O10 OG coos e) aacndt en Orestes soa eee 119,000 119,000 
Banke of America. New York ..20 ius. Je. sccceces 423,000 423,000 
Bak OteAmorica New Y OPK. 2.2.3.2 ess. .aceeces 150,000 150,000 
Ban bsOL A Merce, NEW OTK -c. eicasareucnrcuei-02 998,000 998,000 
Banuksoreamerica, New) OPK. .cdscscsccedtocessses 200,000 200,000 
BankroteAmentca NOW YOLi.-s.cgircssecusezeososs 600,000 600,000 
Barc pfeamericn. NOW: VOLK. Acs.c.cccchecnsancetes 200,000 200,000 
Bank or Amorich. N6w: YOrie.c..cc.t-cs ecccsdunusee 500,000 500,000 
Bank of America, New: York..........-:..000:.ssees 500,000 500,000 

The United States National Bank, New York DOO QOUiAN Weer ac eatewenees 

The United States National Bank, New York) 1,000,000 |.................. 
$7,805,000 


.. $7,805,000 


000 


The order in which these bonds | 


Payable by 
Special 
Taxation. 


eee ete re ceeere 
tenn e teens ceweoe 


eee ee sewers eseene 


eee e er weeernreees 
see. Aeneas eewcee 

ee eee Cee eereeee 

ete eeesceece ree 


snes Cee eee eneens 


Peer er eeeaweres 
Ae eee ewe eee eeeee 


eee meee ee anenee 
Pewee teens means 

Perce eee eee weees 
ey 
er es 
Aone ease eee tee eee 
ee eee eee eer eee 
Fee ee eee eee nneeee 
ere er ees 
See eww meen eeeee 
One e wwe ewe eenene 
eee eee eee eee 
eee eee eee eee 
ere eee e eee eee eee 
FOP eee eee eeeeeenee 
Bae meee enews 
ORO eR eee eee eweene 


Peet meee ee een eee 


Peewee sens weeeee 


$500,000 
1,000,000 


$1,500,000 


229 


An act to 
amend the two 
acts concern- 
ing bounty 
fun ds to be 

raised by The 
City of Louis- 
ville. Approv- 
ed Mar. 4, 1865. 


230 


Ordinance, 
approved Feb. 
11, 1865. 


An act to 
amend the 
charter of The 
City of Louis- 
ville for school 
purposes. Ap- 
proved Feb. 28, 
1860. Sec. 10. 


Ordinance, 
approved Feb. 
11, 1865. 


FINANCE. 


4. For the purposes set forth in the aforesaid act, and 
as permitted thereby, the Mayor is hereby authorized and 
directed to issue coupon bonds of The City of Louisville 
to the amount in the aggregate of one hundred thousand 
dollars, with coupons for the semi-annual payment of 
interest thereon at the rate of six per centwm per annum, 
said bonds to be each for one thousand dollars, and 
payable twenty years after date; the bonds and interest- 
coupons aforesaid to be a charge upon and paid out of 
the Sinking Fund of said City of Louisville, and to be 
payable in Louisville, Kentucky, at the office of the 
Treasurer of said City. 

9. Should the provisions hereinbefore made for raising 
means for the establishment and maintenance of said 
Male High School, Female High School, and said Public 
Schools of Louisville, and for the erection of said houses 
as hereinbefore provided for be insufficient, it shall be 
the duty of the General Council to pledge the credit of 
the said City for any sum or sums of money, not exceed- 
ing two hundred thousand dollars, to carry into effeot 
the educational system herein provided for. | 

6. Whereas, by the tenth Section of ‘‘An act to amend 
the charter of The City of Louisville for school purposes,”’ 
approved February 28, 1860, it is made the duty of the 
General Council of The City of Louisville to pledge the 
credit of said City to an amount not to exceed two 
hundred thousand dollars to carry out the system of 
public schools of Louisville; therefore, to provide means 
to perfect and complete the system of public schools in 
The City of Louisville the Mayor is hereby authorized 
and directed to issue the bonds of said City for one 
hundred and twenty thousand dollars in sums of one 
thousand dollars each, having twenty years to run from 
the date of their issue, and bearing interest at the rate of 
six per centum per annum, payable semi-annually; the 
interest and principal payable at the Treasurer’s office in 
The City of Louisville; said bonds, when issued, to be 
placed at the disposal of the president and Board of 


FINANCE. 


Trustees of the Male High School, Female High School, 
and the Public Schools of Louisville; the proceeds of said 
bonds when sold or disposed of to be used as provided 
in this ordinance. To provide means to pay the interest 


as it may fall due and the principal of said bonds at 


maturity an ad valorem tax of not exceeding five cents 
on each one hundred dollars’ worth of all the real estate 
and slaves assessed for taxation in The City of Louisville 
for the year 1865 is hereby levied, and annually. there- 
after until the interest and principal of the bonds herein 
authorized are all paid or provided for; said tax to be 
levied and collected as other City taxes are levied and 
collected. The president and Board of Trustees of the 
Male High School, and Female High School, and Public 
Schools of Louisville are hereby authorized to sell and 
dispose of the bonds specified in the first Section of this 
ordinance for cash, or may exchange for material and 
labor in such manner and upon such terms as may best 
accomplish the object and purposes of their issue, and 
which is further provided in this ordinance. First, re- 
imburse the Sinking Fund of The City of Louisville in 
the sum of sixteen thousand dollars, with interest from 
the —— day of ——, 1863, for the purchase of the Curd 
property on First Street. Second, reimburse the educa- 
tional fund of the School Board for $6,331.21, $6,921.08, 
$4,866.13; total, $18,118.42; which amount was paid for 
real estate, repairs to school-houses after government use, 
and for the completion of the new Female High School 
building (Curd property). This ordinance shall not take 
effect until it has been published and approved by a 
majority of the qualified voters of The City of Louisville 
voting thereon, as provided by the charter of said City. 


7. The General Council shall have power to pass ordi- 
nances to procure the improvement, from time to time, of 
the whole or any portion in length or width of any 
unpaved street or alley now established, or which may be 
hereafter established within the limits of The City, by 


grading, or by grading, curbing, and paving with bowlders _ 


231 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved June 
2,1865. Sec. 
». 


232 


Ordinance, 
approved Mar. 
19, 1866. 


FINANCE. 


or with stone, with or without macadamizing and gravel, 
together or alone, or otherwise improving the same; all 
of which shall be done at the cost of the: owners of the 
property fronting such street or alley; which cost shall 
be apportioned according to the number of feet each may 
own in front of said improvement, and be at once collect- 
able from said property-owners; and a lien is hereby 
created on said property for the cost of said imyfrove- 
ment. But when the General Council shall think fit, 
either before the contract for the improvements shall be 
made or after the work shall have been completed, the 
payment of the cost of any or all such improvements may 
from time to time be provided for or advanced by The 


_ City for the property-owners; the repayment of which 


advances, with interest thereon to The City shall be 
secured by a lien on the property, and may be made due 
to and be collected by The City in such annual install- 
ments as shall be fixed by the General Council, and 
to be considered and held against said property as taxes, 
and inserted for collection in the: tax-bills against said 
property, and the payment thereof be demandable, 
enforced, and collected as other City taxes. To provide 
funds with which to make such advances the General 
Council shall have power and authority to pledge the 
credit of The City, and from time to time to issue and 
dispose of appropriate bonds of The City having such 
dates and maturities, and bearing interest payable annu- 
ally or semi-annually, with interest-coupons attached, as 
the General Council may provide. Yet when the lien shall 
not have been otherwise enforced, the owners of said prop- 
erty or any portion thereof may, at any time before or 
after maturity of said bonds, disencumber and relieve said 
property of the lien aforesaid by paying to The City the 
amount paid or assumed to be paid by The City, together 
with the legal interest as may have accrued thereon on 
account of the improvement for which The City may have 

ald or assumed payment as aforesaid. 

8. Under the authority given by the charter of The 
City, as amended by an act approved June 2, 1865, 


FINANCE. 


Section 5, the Mayor of The City is hereby authorized 
to issue and deliver to J. H. Dennis, who has graded 
Cabel Street from the north side of Franklin Street to 
the south side of Fulton Street, under ordinances here- 
tofore passed, coupon bonds of The City of Louisville, 
bearing a semi-annual interest of three per cent., being 
six per centum per annum, for the sum of thirty-four 
thousand seven hundred and forty-seven dollars and 
ninety-four cents, that being the sum = apportioned 
against the owners of property fronting on said street. 
The bonds thus issued shall be payable in not more than 
twenty years, and shall not be of less denomination than 
five hundred dollars, and upon the delivery thereof, The 
City of Louisville shall be subrogated to the len of said 
Dennis on the property apportioned as aforesaid, and to 
all his rights against the owners thereof. 


9. For the purpose of raising money for the mainten- 
ance of the Male High School,the Female High School, 
and the Public Schools of Louisville, the General Council 
of said City shall in the year 1860, and annually there- 
after, cause to be levied and collected a tax of not less than 
twenty cents on each one hundred dollars’ worth of the 
property assessed for taxation within the City limits, as 
provided for in Article v1, Sections 1 and 2 of this charter; 
upon the completion of the assessment of property for 
taxation, the amount levied as above shall annually be 
passed to the credit of the school fund upon the books 
of The City of Louisville; and the said amount shall be 
paid over to the Board of Trustees in equal and regular 
monthly installments, the first payment to be made 
during the month of April; in the year 1860, the other 
payments to be made monthly thereafter by warrants 
to be drawn by the Auditor of the said City of Louisville 
upon the Treasurer of said City in favor of the secretary 
of the said Board of Trustees; and for the same purposes 
and no other shall be appropriated the sum or sums 
which may be received from year to year as the portion 
of the said City of the school fund of this common- 


233 


An act to 
amend the 
charter of The 
City of Louis- 
ville, for school 
purposes. Ap- 
proved Feb. 28, 
1860. Sec. 8, 
et seq. 


234 


Ordinance, 
approved Jan. 
30, 1866. 


FINANCE. 


wealth; and all fines and forfeitures collected in the City 
Court of Louisville for the use of said Male High School, 
Female High School, and the Public Schools of Louis- 
ville, as hereinbefore provided; and so much as may 
arise from real, personal, or mixed property in the City 
of Louisville, which from alienage, defect of heirs, or 
failure of kindred capable in law to take the same, shall 
escheat to the commonwealth of Kentucky, and which is 
hereby declared vested in the said Board of Trustees for 
the use and benefit of the Male High School, Female 
High School and the Public Schools of Louisville; and 


-the said City by the Mayor thereof, or such officer as the 


General Council may appoint for that purpose, shall 
enter upon and take possession of any and all such 
property, or in its corporate name sue for and recover 
the same, or any chose-in-action, right, or credit of such 
decedent, and reduce the estate into possession as 
aforesaid, without office found; and the said Council shall 
furnish to said Board of Trustees an adequate amount of 
money, credit, or property to enable the said Board of 
Trustees to build or procure such school-house or school- 
houses in each ward as hereinbefore provided for; and 
this amount of credit, money, or property shall be in 
addition to the amount hereinbefore provided for, for the 
use and benefit of the Male High School, the Female 
High School, and the Public Schools. Should the pro- 
visions hereinbefore made for raising means for the 
establishment and maintenance of said Male High School, 
Female High School, and said Public Schools of Louis- 
ville, and for the erection of said houses as hereinbefore 
provided for, be insufficient, it shall be the duty of the 
General Council to pledge the credit of the said City for 
any sum or sums of money, not exceeding two hundred 
thousand dollars, to carry into effect the educational 
system herein provided for. 


10. In pursuance of the powers conferred by an act of 
the General Assembly of the Commonwealth of Kentucky, 
approved February 28, 1860, entitled ‘‘ An act to amend 


FINANCH. 


the charter of The City of Louisville for school pur- 


poses,’’ and for the purpose of building or purchasing 


school-houses and the necessary ground for public schools 
in The City of Louisville, the Mayor is hereby authorized 
and directed to execute coupon bonds of The City of 
Louisville to the amount in the aggregate of eighty 
thousand dollars, with coupons for the semi-annual pay- 
ment of interest thereon at the rate of six per centwm per 
annum, said bonds to be each for one thousand dollars, 
and payable twenty years after date thereof, in Louisville, 
Kentucky, at the office of the Treasurer of said City. 
To provide for the payment of said bonds and interest, 
the General Council shall, from year to year, if necessary, 
and until a sufficient sum shall be realized to pay said 
bonds and interest, pass ordinances levying a special 
annual tax, not exceeding two cents on each one hundred 


dollars in value of the taxable property in The City, in. 


addition to the taxes otherwise authorized by law to be 
levied; which said special taxes shall be, and are hereby 
pledged to the payment of the aforesaid bonds and 
interest thereon. This ordinance shall not take effect till 
it shall be submitted to and approved of by a vote of the 
qualified voters of The City of Louisville at the general 
municipal election in April, 1866. 


11. The Mayor of said City is hereby directed to 
subscribe for, in the name of The City of Louisville, 
five thousand five hundred shares of one hundred dollars 
each of capital stock in the Louisville Water Company. 
To pay for the same the Mayor is directed to issue and 
sell, under the direction of the General Council of The 
City of Louisville, as many bonds of The City of Louis- 
ville, as may be necessary for that purpose, for one 
thousand dollars each, all bearing date of May 1, 1857, 
payable thirty years after date, and bearing interest from 
date at the rate of six per centuwm per annum, payable 
semi-annually, and with the necessary coupons attached 
for each half-yearly payment. The principal and inter- 
est to be made payable at such place or places within the 


Ordinance, 
approved June 
30, 1856. 


FINANCE. 


United States as may be agreed upon with the pur- 
chasers.! ‘To secure the payment of the principal and 
interest of said bonds the Mayor, for and on behalf of 
The City of Louisville, is hereby directed to execute a 
deed of mortgage to the Commissioners of the Sinking 
Fund of The City of Louisville of the five thousand five 
hundred shares of stock in the Louisville Water Company 
hereinbefore authorized to be subscribed, together with 
all the dividends which may be declared upon said stock, 
and said Commissioners shall hold said stock in trust to 
pay the principal and interest of said bonds, and they 
shall have power to receive and collect all the dividends 
on said stock and apply the same towards the payment 
of the interest on said bonds; and any surplus there may 
be after the payment of the interest on said bonds shall 
be invested by said Commissioners of the Sinking Fund, 


under the direction of the General Council of The City 


of Louisville, in profitable stocks, so as to raise a fund 
for the payment of the principal of said bonds at 
maturity. The better to secure the principal and interest 
of said bonds as they respectively mature, a tax of ten 
cents on each one hundred dollars’ worth of real and 
personal estate and slaves in The City of Louisville is 
hereby levied, to be collected annually until the inter- 
est and principal of said bonds shall be paid or certainly 
provided for. If the taxable property of The City of 
Louisville shall so increase as to make it manifest that a 
levy of less tax than ten cents on the hundred dollars’ 
worth of real and personal estate and slaves, when added 
to the dividends received from the stock, will certainly 
provide for the payment of the principal and interest of 
said bonds, then the Council shall have power from time 
to time so to modify the tax herein levied as to raise the 
sum that may be required for the purposes aforesaid and 
no more. ‘The subscription herein authorized to be made 
is to be upon the express condition only that said Water 


1For the act authorizing this issue of bonds, see Chapter xlviii, post. 


FINANCE. 


Company will execute a covenant with The City of Louis- 
ville, binding said Company not to accept, after the 
subscription herein authorized to be made, of any further 
subscription to its capital stock except by agreement on 
the part of the persons taking stock, that The City may 
at any time purchase said stock by paying the holder the 
money advanced by him and ten per centwm per annwin 
interest thereon from the time of payment; the dividends 
which may be received by said stockholders to be esti- 
mated as part of such per cent. The stock hereby 
authorized to be subscribed shall be voted by the Mayor 
for and on behalf of The City, and said Mayor shall cast 
the vote of The City’s stock for such persons for directors 
in said Company as may from time to time be designated 
by the General Council of The City of Louisville in joint 
session. ‘This ordinance shall not take effect until after 
it shall have been submitted to the qualified voters of The 
City of Louisville, and approved by a majority of those 
voting thereon as prescribed in the City charter; and all 
ordinances in conflict herewith are hereby repealed. - 


12. The General Council of The City of Louisville shall 
have authority to pass an ordinance directing the issue of 
two hundred thousand dollars in the bonds of said City, 
said bonds to bear interest at the rate of six per cent. per 
annum, the interest to be paid semi-annually and the 
principal to be paid at such time and place as the said 
General Council may by ordinance determine, for the 
payment of which principal and interest said General 
Council shall have power to levy and collect a tax upon 
all property in said City taxable for State purposes; and 
it shall be the duty of said General Council to order an 
election to take the sense of the qualified voters of said 
City upon said ordinance; and should a majority of the 
votes cast favor such ordinance, then the said General 
Council may cause bonds in the aforesaid amount of two 
hundred thousand dollars to be issued, which bonds 
shall be placed in possession of the Board of School 
Trustees of said City, and the proceeds of the sales 


An act for 
the benefit of 
the public 
schools of Lou- 
isville. Ap- 
proved Feb. 7, 
18hieeeo eo. L 


FINANCE. 


Ordinance, 
approved Mar. 
3, 1867. 


Ordinance, 
approved Apr. 
18, 1868. 


thereof shall be applied to the erection and preparation 
of buildings for the use of the Public schools of said 
City. 

13. As permitted by an act of the General Assembly 
of the Commonwealth of Kentucky, approved February 
7, 1867, entitled ‘‘ An act for the benefit of the public 
schools of Louisville,’’? the Mayor of said City is hereby 
authorized and directed to execute coupon bonds of The 
City of Louisville to the amount in the aggregate of one 
hundred thousand dollars, with coupons for the semi- 
annual payment of interest at the rate of six per cent. 
per annum, said bonds to be payable thirty years after 
date thereof at the office of the City Treasurer in Louis- 
ville, Kentucky, where the coupons also shall be payable. 
The bonds shall be issued in denominations of not less 
than five hundred nor more than one thousand dollars each, 
and shall be transferred to the president of the Board of 
School Trustees of The City of Louisville; the proceeds of 
the sales thereof shall be appropriated by said Board to 
the erection and preparatian of school buildings for the 
use of the public schools of Louisville, and to no other 
purpose; said bonds shall have the corporate seal of The 
City thereto affixed; shall be signed by the Mayor and 
attested by the Auditor, and the coupons shall be signed 
by the Auditor. To provide for the payment of the 
principal and interest of said bonds the General Council 
shall annually, by ordinance, levy and collect a sum 
sufficient to pay such semi-annual interest, and the prin- 
cipal when it shall fall due; such levy and collection to 
be made upon and collected as against all property in The 
City aforesaid taxable for State purposes; and further, 
to pay said principal and interest, the property, faith, 
and credit of The City shall be, and are hereby pledged. 
This ordinance shall not take-effect until it shall have 
been published and approved by amajority of the qualified 
voters of .The City who may vote on the proposition, as 
provided for by the City charter. 


14. The Mayor is hereby authorized and directed tu 


FINANCE. 


—_—— 


239 


subscribe, in the name and for and in behalf of The City 
of Louisville, for ten thousand shares of one hundred 
dollars each of the capital stock of the Elizabethtown 
and Paducah Railroad Company; and in payment therefor 
to execute and deliver, on demand, to said Company the 
bonds of The City of Louisville to the amount of one 
million dollars, of the denomination of one thousand 
dollars each, negotiable and payable to bearer twenty 
years after the date of their issue, and bearing interest 
at the rate of seven per centwm per annum, with semi- 
annual interest-coupons attached; the principal and 
interest to be payable in the city of New York; and for 
the payment of said bonds and interest the ten thousand 
shares of the capital stock hereby authorized to be sub- 
scribed for, and all the dividends accruing thereon, and 
the faith and property of The City, are hereby pledged. 
The bonds aforesaid to be under the seal of The City and 
signed by the Mayor, and countersigned by the Auditor; 
and the coupons to be signed by the Auditor alone. To 
pay the interest on said bonds as the same shall fall due, 
and the costs of collecting such tax, an ad valorem tax 
of fifteen cents on each one hundred dolars’ worth of the 
property in The City designated in Section 9 of the act 
approved February 24, 1868, entitled ‘‘An act to amend 
the charter of the Elizabethtown and Paducah Railroad 
Company,’ shall be levied annually, and be collected as 
provided in Section 15 of the act aforesaid, and be faith- 
fully appropriated to the payment of said interest. But 
should said tax of fifteen cents yield in any year more 
than a sufficiency to pay the interest aforesaid and costs 
of collecting such tax, the General Council shall have 
power to reduce said tax accordingly. Should there, in 
any year, be any dividend on the ten thousand shares of 
stock paid for by said bonds, the same shall be applied 
towards the payment of the interest on said bonds; 
whereupon the General Council shall have power to 
reduce accordingly the tax of fifteen cents levied as 
aforesaid; and should said dividends in any year be 
sufficient to pay the interest in said year, then to suspend 


240 


FINANCE. 


for such year the collection of said tax. And should 
there be any surplus of said dividends after paying said 
interest, the same shall be applied to the purchase of the 
bonds aforesaid, if they can be purchased at par or less 
than par, and if they can not be so purchased such 
surplus shall be invested in some safe and profitable 
manner, and in such way that the money may be readily 
realized when needed to buy or pay off the bonds afore- 
said. Upon the surrender, as provided in Section 21 of 
the act hereinbefore mentioned, of receipts given for 
taxes paid to defray the interest aforesaid on the bonds 
aforesaid prior to the time of declaring the first cash 
dividend by the aforesaid Railroad Company to the 
amount of one hundred dollars or more, there shall be 
issued to the holders thereof certificates setting forth 
the number of shares of stock to which the holder is 
entitled, and there shall be given a separate receipt for 
any fractional part of a share, which receipt shall be 
negotiable by indorsement, and may be added to other 
like receipts or tax-receipts to make up a full share; and 
all certificates of stock shall be converted into stock on 
demand at the office of said Company. That there shall 
be issued on presentation of tax-receipts paid in, pro- 
viding the interest on the bonds issued by The City of 
Louisville, in payment for the subscription of stock in 
the Elizabethtown and Paducah Railroad, certificates of 
stock for same in even sums of one hundred dollars. To 
enable The City to pay off, discharge, or renew the bonds 
aforesaid, said City shall have all the rights, privileges, 
and powers as embraced in and contemplated by Section 
19 of the act hereinbefore referred to. It shall be the 
duty of the Mayor to deliver to the Company said bonds 
and receive therefor the stock in said road.. This stock 
shall be issued to The City of Louisville, Kentucky, but 
none of said bonds shall be delivered until there are filed 
with the Mayor the affidavits of the president and three 
of the directors of said Company, stating that there is 
other bona fide subscription of stock in said road of not 
less than fifteen thousand shares (one million five hun- 


FINANCE, 


dred thousand dollars), nor shall said bonds be delivered 
until said Company agrees to make and publish in at 
least two of the daily papers published in The City 
of Louisville, Kentucky, a semi-annual statement showing 
fully and correctly the condition of said Company. This 
ordinance shall take effect only upon its being voted in 
favor of by a majority of the qualified voters of The 
City of Louisville voting thereon at a special election, 
which shall be held at the usual voting precincts in said 
City on the second day of May, 1868, for the purpose 
of taking the sense of the qualified voters aforesaid in 
the premises. 


15. The Mayor of said City is hereby directed to sub- 
scribe for, in the name of The City of Louisville, two 
thousand two hundred shares of one hundred dollars 
each of the capital stock in the Louisville Water Com- 
pany. To pay for the same the Mayor is directed to issue 
and sell under the direction of the General Council of 
The City of Louisville as many bonds of the City of 
Louisville as may be necessary for the purpose, for one 
thousand dollars each, all bearing date the first day of 
May, 1859, payable thirty years after date, and bearing 
interest from date at the rate of six per centum per 
annum, payable semi-annually, and with the necessary 
coupons attached for each half-yearly payment; the prin- 
cipal and interest to be made payable at the Bank of 
America in the City of New York. To secure the 
payment of the principal and interest of said bonds, the 
Mayor, for and on behalf of The City of Louisville, is 
hereby directed to execute a deed of mortgage to the 
Commissioners of the Sinking Fund of The City of Louis- 
ville of the two thousand two hundred shares of stock in 
the Louisville Water Company hereinbefore authorized 
to be subscribed, together with all the dividends which 
may be declared wpon said stock; and said Commis- 
sioners shall hold said stock in trust to pay the principal 
and interest of said bonds, and they shall have the power 


to receive and,collect all the dividends on said stock 
16 


241 


Ordinance, 
approved Jan. 
14, 1859. 


FINANCE. 


and apply the same towards the payment of the interest 
on said bonds; and any surplus there may be left 
after the payment of the Interest on said bonds shall be 
invested by said Commissioners of the Sinking Fund, 
under the direction of the General Council of The City of 
Louisville, so as to raise a fund for the payment of the 
principal of said bonds at maturity. The better to secure 
the principal and interest of said bonds as they respec- 
tively mature, a tax of ten cents on each one hundred 
dollars’ worth of real and personal estate in The City of 
Louisville is hereby levied, to be collected annually until 
the interest and principal of said bonds shall be paid or 
certainly provided for. If the sum of ten cents upon 
each one hundred dollars’ worth of taxable property as_ 
above authorized to be levied, shall be more than sufficient 
to pay the interest on the bonds herein directed to be 
issued, then the surplus shall be applied to supply the 
amount necessary, if any deficit exist, to pay the interest 
accruing upon the bonds heretofore issued by The City 
of Louisville to the Louisville Water Company, under 
and by virtue of an ordinance of the General Council of 
The City of Louisville, approved June 30, 1856, entitled 
‘‘An ordinance to promote the erection of water-works in 
The City of Louisville; and if, after the foregoing pro- 
visions of this Section have been fulfilled, a surplus should 
still exist, it shall be paid into the Sinking Fund to the 
credit of said Louisville Water Company, and shall be 
held by said City as a fund pledged and dedicated to the 
discharge of the principal and interest of the bonds 
herein authorized to be issued by The City, and the pay- 
ment of the principal and interest of the bonds issued 
under the ordinance approved June 30, 1856, above 
referred to. If the taxable property of The City of 
Louisville shall so increase as to make it manifest that a 
levy of a less tax than ten cents on each hundred dollars’, 
worth of estate and personal property, when added to the 
dividends received from the stock, and the amount of 
taxes received from the levy authorized by the ordinance 
of June 30, 1856, will certainly provide for the payment 


FINANCE. 


of the principal and interest of said bonds, then the 
Council shall have power from time to time to so modify 
the tax herein levied as to raise the sum that may be 
required for the purpose aforesaid, and no more. If an 
installment of interest on the bonds issued as provided 
herein shall fall due before money sufficient to pay the 
same shall have been collected, the Mayor of said City 
shall have power in the name of the City, to borrow a 
sufficient sum to pay the same and execute the bond of 
The City therefor; or the General Council may order the 
same to be paid out of the Sinking Fund. This ordinance 
shall not take effect until it shall have been submitted to 
the qualified voters of The City of Louisville, and 
approved by a majority of those voting thereon, as pre- 
seribed in the City charter. 


16. To pay off and discharge the old Habilities of The 
City of Louisville, now existing and not otherwise pro- 
vided for, and for the purpose of paying the cost of rais- 
ing Fulton Street and draining the old bed of Beargrass 
Creek in said City and for the purpose of constructing 
sewerage in the Western District of said City, the General 
Council of said City may issue bonds of said City to the 
amount of five hundred thousand dollars; three hundred 
thousand dollars to be appHed to the discharge of said old 
abilities and one hundred thousand dollars to be ap- 
plied to constructing sewers in said Western District and 
one hundred thousand dollars to be applied to raising said 
Fulton Street and draining the old bed of Beargrass Creek 
in said City. Said bonds shall be made payable within 
thirty years from date and bear such rate of interest as 
may be determined by the General Council. The title 
of said bonds shall be ‘‘Old ability and improvement 
bonds.”’ 


17. By virtue of Section 64 of the new charter of said 
City, approved March 3, 1870, the Mayor of said City is 
hereby authorized and directed to have prepared, and to 
issue and dispose of two hundred and fifty bonds of said 
City, of the denomination of one thousand dollars each, 


243 


An act for 
the benefit of 
The City of 
Louisville. 
Approved Mar. 
15, 1869. 


Ordinance, 
approved Mar. 
18, 1871. 


244 


approved Mar. 
18, 


Ordinance, 


1871. 


FINANCE. 


to be entitled and known as ‘‘ City Hall Bonds,”’ they to 
bear interest at the rate of seven per cent. per annum, 
and to have coupons attached for the semi-annual payment 
thereof, which bonds and coupons shall be attested by the 
City Auditor; they: to become due and payable twenty 
years after their date, and the interest and principal to 
be paid at the office of the Commissioners of the Sinking 
Fund of said City. Said bonds or their proceeds shall 
be used solely to pay for work and material used in the 
erection of the City Hall. The tax to be levied in pur- 
suance of Section 64 aforesaid to pay the interest and 
principal of said bonds shall be paid into the Sinking 
Fund of said City by the Tax Receiver on every third day 
after its collection by him, and the Sinking Fund is 
charged with the interest and principal of said bonds, 
which shall be countersigned by the Treasurer of said 
Sinking Fund. 


18. The Mayor of said City of Louisville is hereby 
authorized and empowered for and in the name of said 
City. to subscribe and pay for, as hereinafter provided, 
ten thousand shares of fifty dollars each of the capital 
stock of the said New Albany and St. Louis Air-line 
Railway Company; such subscription, however, is to be 
made by said City of Louisville subject to these express 
conditions: (1) That the said Railway Company shall 
procure on actual and bona fide capital of one million 
dollars, either in subscription to her capital stock or in 
donations, right of way and cross-ties donated excepted, 
by or from parties other than the said City of Louisville; 
(2) That the name of said Railroad Company shall be so 
changed as to read and be the ‘* Louisville, New Albany 
and St. Louis Air-line Railway Company;’’ (8) That 
the eastern terminus of said road shall be located in 
The City of Louisville, Kentucky, south of the Ohio river; 
(4) That this said sum of five hundred thousand dollars 
shall be expended in building and completing said road 
ready for the rolling-stock the first fifty miles of said road, 
beginning at New Albany, Indiana, and extending west 


FINANCE. 


toward St. Louis, Missouri—proof being furnished to the 
Mayor before the bonds are issued to the Company of a due 
expenditure of the money aforesaid for the purpose 
aforesaid, and said poof shall be the sworn affidavits of 
the president and secretary of the Company, or the said 
president and chief engineer thereof; and (5) That the 
said City of Louisville, Kentucky, shall be entitled to 
fsuch] a number of directors in said Company as 
will bear the same proportion to the whole number 
of said directors as the stock of said City—to-wit: five 
hundred thousand dolars—bears to the whole stock of 
the Company; the said directors due to said City to be 
annually elected, in the month previous to the election 
of directors by the stockholders, by the General Council 
of said City, voting in joint session viva voce; and upon 
the happening of these conditions, but not before, the 
subscription hereby authorized shall be valid and binding, 
and the same shall be paid for as herein provided. Upon 
the happening of said conditions, but not before, the 
subscription hereby authorized to be made shall be paid 
for in the bonds of the said City of Louisville, of not less 
than one hundred dollars each, upon the call of said 
Railway Company; said bonds being payable in twenty 
years after their respective dates, and bearing interest at 


the rate of seven per centum per annum, payable semi- 


annually, and both principal and interest payable in the 
city of New York. Upon the happening of said condi- 
tions as aforesaid, but not before, the Mayor of the said 
City of Louisville shall issue said bonds, with coupons 
signed by the Auditor for the interest, payable as afore- 
said upon the call of said Railway Company, and deliver 
the same to said Rrailway Company and receive stock 
therefor; and the said Mayor is hereby authorized and 
empowered, for and in the name of the said City of Louis- 
ville, to sign his name as such Mayor to the bonds so 
issued by him, and affix thereto the corporate seal of said 
City, which shall be attested by the City Auditor. For 
the payment of the interest accruing on said bonds from 
year to year an annual tax of five and a half cents on 


245 


246 


FINANCE. 


each hundred dollars’ worth of property in said City 
subject to taxation for State purposes is hereby levied for 
each of the years intervening between the date and the 
maturity of said bonds, upon assessments to be made by 
the proper officer in each of the said years, and in accord- 
ance with the law then in force. And for all taxes paid 
under this ordinance tax-receipts shall be issued to the 
tax-payers; and when said receipts shall have accumulated 
to the amount of one hundred dollars and upon the sur- 
render of said receipts to the said Company stock therefor 
to the amount of one hundred dollars shall be issued 
to the holder of said receipts making the said surrender, 
and for any fractional part of said one hundred dolars a 
receipt to the said fractional part shall be issued to the 
holder as aforesaid; and said receipts shall be negotiable 
and pass by indorsement; and the said stock to be on 
demand issued upon said surrender at the office of said 
Company. The stock of said City of Louisville in the 
said New Albany and St. Louis Air-line Railway Com- 
pany so subscribed and paid for as aforesaid, and all 
interest and dividends accruing on said stock, shall consti- 
tute and be kept as an inviolable fund for the liquidation, 
final payment, and redemption of the principal of said 
bonds at'the times of their respective maturity as afore- 
said, and the faith and property of The City also are 
hereby pledged. The said taxes levied under the fourth 
Section of this ordinance shall be collected by the same 
officer, at the expense of said Railway Company, and in 
the same manner, and with the like damages for non- 
payment as other City taxes; but the General Council 
may in any year reduce the sum hereby levied if it shall 
appear by the assessments to be more than may be neces- 
sary to pay the interest on said bonds for such year. 
This ordinance shall not take effect unless it shall, at a 
special election to be holden in said City of Louisville on 
the sixteenth day of October, 1869, after publication as 
required by the City charter and its amendments, be 
approved by a majority of the votes cast for and against 
it by the qualified voters of said City. 


FINANCE. 


19. For the purpose of building an Almshouse, Work- 
house, and Pesthouse the General Council may by ordi- 
nance cause to be issued the bonds of said Citv, not to 
exceed the sum ot two hundred thousand dollars in 
amount. Said bonds shall be made payable not exceeding 
thirty years from date, and at such place as shall be 
designated in the ordinance or resolution authorizing 
their issue; not to bear interest more than the rate of seven 
per cent. per annwm, payable semi-annually, for the 
payment of which interest coupons may be attached to 
said bonds. The said bonds shall be signed by the 
Mayor of said City under the corporate seal, and coun- 
tersigned by the Auditor of said City. The Auditor 
shall also sign each of the coupons thereto attached. 


20. As permitted by the fourth Sectionof an act of the 
General Assembly of the Commonwealth of Kentucky, 
entitled ‘“‘An act to amend the charter of The City of 
Louisville,’’ passed in the month of February, 1872, and 
for the purposes named in Ssaid ection of said act, to 
wit, for building an Almshouse, Workhouse, and Pest- 
house, the Mayor of said City is hereby authorized and 
directed to issue and dispose of two hundred bonds of 
The City of Louisville, of the denomination of one thou- 
sand dollars each, which shall be entitled and known as 
‘City Institution Bonds.’’ Said bonds shall be due and 
payable thirty years after the date of their issue at the 


Bank of America, in the city of New York. They shall: 


bear interest at the rate of seven per centum per annuin, 
and shall have coupons attached for the semi-annual 
payment of said interest at said bank. Said bonds shall 
be signed by the Mayor and sealed with the corporate 
seal. They shall be countersigned by the City Auditor, 
who shall also sign each of said coupons; and they shall 
also be countersigned and registered by the Secretary 
and Treasurer of the Sinking Fund. The aforesaid bonds 
or the proceeds of the same shall be applied in the fol- 
lowing manner and proportions, to wit, one hundred of 
said bonds to the building of an Almshouse on the 


247 

An act to 
amend the 
charter of The 
Ciey of Louis- 


ville; passed in 
Feb., 1872. Sec. 
4. 


Ordinance, 
approved Apr. 
22, 1872. 


248 


FINANCE. 


An act for 
the benefit of 
The City of 
Louisville. 
Approved Feb. 
6, 1874. 


Ordinance, 
approved Feb. 
14, 1874. 


erounds purchased by The City for that purpose, seventy 
of said bonds to the building of a Workhouse, and thirty 
of said bonds to the building of a Pesthouse. To meet 
the interest and discharge and pay said bonds at maturity 
an annual tax shall be levied and collected, not exceeding 
three cents on each one hundred dollars’ worth of prop- 
erty in said City subject to taxation for State purposes. 
Said tax shall be collected by the Tax Receiver and paid 
into the Sinking Fund of The City of Louisville on every 
third day after its collection by him, until a sufficient 
sum shall be realized to pay off and discharge the bonds 
and interest aforesaid when said tax shall cease. 

21. For the purpose of paying off and discharging the 
old liabilities of The City of Louisville now existing and not 
otherwise provided for the General Council of said City 
may, by ordinance, cause to be issued the bonds of said City 
not to exceed the sum of four hundred thousand dollars in 
amount. Said bonds shall be made payable not exceed- 
ing twenty years from date of their issue and at such 
place as shall be designated in the ordinance authorizing 
their issue, to be of the denominations of one thousand 
dollars each, and to bear interest not to exceed seven per 
centum per annum, payable semi-annually, and for the 
payment of which interest coupons may be attached to 
said bonds. The said bonds shall be signed by the 
Mayor of said City, under the corporate seal, and coun- 


tersigned by the Auditor of said City. The Auditor 


shall also sign each of the said coupons thereto attached. 
Both principal and interest of the bonds herein author- 
ized to be issued shall be a charge on the Sinking Fund 
of said City. For the purpose mentioned in the first 
Section hereof the General Council of said City is hereby 
authorized to use one hundred of the six hundred City 
bonds issued under authority granted in Section 8 of an 
act entitled ‘‘An act to amend the charter of The City of 
Louisville,’ approved February 20, 1883. 


22. As permitted by an act of the General Assembly of 
the Commonwealth of Kentucky, entitled ‘‘An act for the 


FINANCE, 


benefit of The City of Louisville,’ approved the sixth day 
of February, 1874, and for the purpose named in said 
act, the Mayor is hereby authorized and directed to have 
prepared and to dispose of the bonds of The City of 
Louisville to the amount of four hundred thousand 
dollars. Said bonds shall be signed by the Mayor under 
the corporate seal of said City, and be of the denomina- 
tion of one thousand dollars each, to become due twenty 
years after their date, to bear interest at the rate of seven 
per centum per annum, payable semi-annually, for the 
payment of which interest coupons shall be attached 
signed by the Auditor. The said bonds shall be counter- 
signed by the Secretary and Treasurer of the Sinking 
Fund, and both principal and interest of said bonds to 
be made payable in the city of New York. The bonds 
aforesaid shall be called ‘‘ Old liability bonds,’’ and the 
proceeds of the same shall be applied as far as may be 
necessary in paying the indebtedness of The City of 
Louisville. Said bonds both principal and interest shall 
be a charge on the Sinking Fund of The City of Louis- 
ville, as provided by Section 1 of ‘‘An act for the benefit 
of The City of Louisville,’ approved the sixth day of 
February, 1874. 


23. For the purpose of dicharging such debts as said 
City may now owe to be liable for, and for the purpose 
of discharging such debts as said. City shall hereafter 
contract or become liable for in the making of improve- 
ments and repairs of streets, alleys, sidewalks, sewers, 
and other public works, and- in the purchase of private 
property for public use, the said General Council shall 
have power to cause to be issued and disposed of from 
time to time as they shall deem expedient, the bonds of 
The City with or without coupons attached for the 
annual or semi-annual payment of interest on the same, 
and having such maturities, not exceeding thirty years, 
and payable out of such fund or funds created or to be 
created, as said Council may ordain; not to exceed, how- 
ever, in amount three hundred thousand dollars in any one 


249 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Approv- 
ede @ bash 7, 
1866. See. 5d. 


250 


Ordinance, 
approved Aug. 
3 1866. 


FINANCE. 


year; and the said Council shall levy and cause to be col- 
lected annually, such taxes as shall be adequate to the pay- 
ment of the interest and principal of such bonds as they 
shall become due; and such taxes shall be collected as other 
taxes are collected and shall be assessed and levied upon 
the taxable property within The City, or upon such part 
of such property as said Council may deem expedient. 


24, As permitted by the fifth Section of an act of the 
General Assembly of the commonwealth of Kentucky, 
approved February 17, 1866, entitled ‘‘An act to amend 
the charter of The City of Louisville,’ and for the pur- 
poses therein named, vz: of discharging such debts as 
The City may now owe or be liable for, and discharging 
such debts as The City shall hereafter contract or become 
liable for in making of improvements and repairs of 
streets, alleys, sidewalks, sewers, and other public works, 
and in the purchase of private property for public use, 
the Mayor is hereby authorized and directed to execute 
coupon bonds of The City of Louisville, to the amount in 
the aggregate of three hundred thousand dollars, with 
coupons for the semi-annual payment of interest thereon 
at the rate of six per centwin per annwmn,”said bonds to 
be payable thirty years after date thereof in Louisville, 
Kentucky, at the office of the Treasurer of said City, 
where the coupons also shall be payable. Such number 
of said bonds as the General Council may from time to 
time by resolution direct, shall each be of the denomina- 
tion of five hundred dollars, and the other of the bonds 
shall each be of the denomination of one thousand 
dollars. The bonds may be disposed of in such numbers, 
and in such manner, and be payable out of such fund as 
the General Council may by resolution from time to time 
direct; shall have the corporate seal thereto affixed; shall 
be signed by the Mayor and by the Auditor, and the 
coupons shall be signed by the Auditor. The aforesaid 
bonds, or the money realized therefrom, shall only be 
applied to the payment of such debts created or to be 
created for the purposes mentioned in the first Section of 


FINANCE. 


this ordinance, as shall from time to time be directed by 
resolution of the General Council; and to provide for the 
payment of said bonds and interest, the General Council, 
after the expiration of the present fiscal year, from year 
to year if necessary, and until a sufficient sum shall be 
realized (in addition to the amount collected of taxes 
already levied for the present fiscal year for that pur- 
pose) to pay said bonds and interest, shall pass ordinances 
levying a special annual tax on the taxable property in 
The City, in addition to the taxes otherwise authorized 
by law; which said special taxes shall be and are hereby 
‘pledged to and set apart for the payment of the aforesaid 
bonds and interest thereon. And, further, to pay the 
same the property and credit of The City are also hereby 
pledged. 


29. As permitted by the fifth Section of an act of the 
General Assembly of the Commonwealth of Kentucky, 
approved February 17, 1866, entitled ‘‘An act to amend 
the charter of The City of Louisville,’ and for the pur- 
pose therein named, e7z: of discharging such debts as 
The City may now owe or be liable for, and discharging 
such debt as The City shall hereafter contract or become 
liable for in the making of improvements and repairs of 
streets, alleys, sidewalks, sewers, and other public works, 
and in the purchase of private property for public use, 
the Mayor is hereby authorized and directed to execute 
coupon bonds of The Citv of Louisville to the amount, 
in the aggregate, of three hundred thousand dollars, with 
coupons for the semi-annual payment of interest thereon 
at the rate of six per centwm per annum; said bonds to 
be payable thirty years after date thereof, in Louisville, 
Kentucky, at the office of the Treasurer of said City, 
where the coupons also shall be payable. Such number 
of said bonds as the General Council may, from time to 
time, by resolution, direct, shall each be of the denomi- 
nation of five hundred dollars, and the other of the bonds 
shall each be of the denomination of one thousand dollars. 
The bonds may be disposed of in such numbers, and in 


Ordinance, 
approved July 
25, 1867. 


An act to 
amend an act 
entitled An act 
establishing a 
new charter for 
The City of 
Louisville. 
Approved Mar. 
3, 1871. 


FINANCE. 


such manner, and be payable out of such fund as the 
General Council may, by resolution, from time to time, 
direct; shall have the corporate seal thereto affixed; shall 
be signed by the Mayor and attested by the Auditor, and 
the coupons shall be signed by the Auditor. The afore- 
said bonds, or the money realized therefrom, shall be 
applied only to the payment of such debts created or to be 
created, for the purposes mentioned in the first Section 
of this ordinance, as shall, from time to time, de directed 
by resolution of the General Council; and to provide for 
the payment of said bonds and interest, the General 
Council, after the expiration of the present fiscal year, 
from year to year if necessary, and until a sufficient sum 
shall be realized, in addition to the amount collected of 
taxes already levied for the present fiscal year for that 
purpose, to pay said bonds and interest, shall pass 
ordinances levying a special annual tax on the taxable 
property in The City, in addition to the taxes otherwise 
authorized by law; which said special taxes shall be and 
are hereby pledged to and set apart for the payment of 
the aforesaid bonds and interest thereon; and, further, 
to pay the same, the property and credit of The City are 
also hereby pledged. 


26. To pay off and discharge the old liabilities of said 
City now existing and not otherwise provided for, and 
for the purpose of raising the grades of Fulton and con- 
necting streets, and for the purpose of building an 
outfall sewer from some point in the Western District in 
said City to the Ohio river, and for the purpose of making 
a road-bed for the Louisville, Cincinnati, and Lexington 
Railroad north of Main Street, in accordance with the 
contract executed the third day of June, 1870, by which 
the lineand route of connections between said road and the 
Louisville and Nashville Railroad were designated, the 
General Council may by ordinance or resolution cause to 
be issued the bonds of said City, not to exceed the sum 
of nine hundred thousand dollars in amount; two hundred 


thousand dollars of which shall be applied to the payment 


FINANCE. 


—_— se _ 4 


and discharge of said old liabilities; two hundred thous- 
and dollars to be applied to the raising of Fulton and the 
connecting streets; three hundred and fifty thousand 
dollars to be applied to the construction and building the 
outlet sewer in said Western District; and one hundred 
and fifty thousand dollars to be applied to making the 
road-bed aforesaid in said City north of Main Street. 
Said bonds shall be made payable not exceeding thirty 
years from date, and at such place as shall be designated 
in the ordinance or resolution authorizing their issue; 
not to bear interest more than the rate of eight per cent. 
per annum, payable semi-annually, for the payment of 
which interest coupons may be attached to said bonds. 
The said bonds shall be signed by the Mayor of said City 
under the corporate seal, and countersigned by the 
Auditor of said City. The Auditor shall also sign each 
of said conpons thereto attached; Provided, however, 
that if the bonds are issued for either improving Fulton 
Street or the sewer in the Western District herein pro- 
vided, then they shall be issued for the other under the 
restrictions herein provided. 


27. The bonds to the amount of two hundred thousand 
dollars authorized to be issued under the act of March 8, 
1871, entitled ‘‘An act to amend an act establishing a 
new charter for The City of Louisville,’ and therein 
directed to be applied to the raising of the grades of 
Fulton and connecting streets, be so apportioned and 
used that said bonds to the amount of seventy-five thou- 
sand dollars be used and applied to the building of 
sewers in the Eastern District, and that bonds to the 
amount of one hundred and twenty-five thousand dollars 
thereof be used and applied to the raising and improving 
the grade of Fulton Street east of Preston Street. An 
annual tax shall be assessed and collected, not exceeding 
ten cents on each one hundred dollars’ worth of property 
and improvements named in Section 60 of the new charter, 
to pay the principal and interest of the bonds of The City 
of Louisville issued to pay for the building the outfall 


2538 


An aet ito 
amend the 
cbarter of the 
City of Louis- 


ville. 


Ap- 


proved March 


VAL oa tava G2 
3 and 4. 


Secs. 


254 


Ordinance, 
approved Apr. 
LST. 


FINANCE. 


sewer in the Western District and the sewers in the 
Eastern District, and the raising or improving the wharf 
or the grades of Fulton or connecting streets, and the 
making a road-bed north of Main Street for the Louis- 
ville, Cineinnati and Lexington Railroad; and that said 
bonds when issued shall be chargeable to and paid by the 
Sinking Fund of said City, and if so paid the money 
arising from this tax shall be paid into that Fund until 
said bonds are paid off. when this tax shall cease. 


28. As permitted by the eleventh Section of an act of 
the General Assembly of the Commonwealth of Ken- 
tucky, approved March 3, 1871, entitled ‘“‘An act to 
amend an act entitled ‘An act establishing a new charter 
for The City of Louisville,’’’ and by the third and fourth 
Sections of an act entitled ‘‘An act to amend the charter 
of The City of Louisville,’? approved March 21, 1871, and 
for the purposes therein named, to wit, of building a 
western outfall sewer from some point in the Western 
District in said City to the Ohio river, and for the raising 
or improving the wharf and raising the grades of Fulton 
and connecting streets east of Preston Street, and for 
the purpose of building sewers in the Eastern District, 
the Mayor is hereby authorized and directed to issue and 
dispose of the bonds of The City of Louisville to the 
amount in the aggregate of tive hundred and fifty thou- 
sand dollars, with coupons attached for the payment of 
the interest semi-annually. Said bonds to be of the 
denomination of one thousand dollars each, and to bear 
interest at the rate of seven per cent., and to be due and 
payable thirty years after the date thereof at the Bank 
of America, New York. Said bonds shall be signed by 
the Mayor of said City, under the corporate seal, and 
countersigned by the Auditor, and also by the Treasurer 
and Secretary of the Sinking Fund, and said Auditor 
shall also sign each coupon attached.as aforesaid. The 
aforesaid bonds or the money realized therefrom shall be 
applied in the following proportions, to wit: Three 
hundred and fifty thousand dollars to building a western 


FINANCE. 


outfall sewer from some point in the Western District to 
the Ohio river; one hundred and twenty-five thousand 
dollars to improving the wharf or raising the grades of 
Fulton and connecting streets east of Preston Street, 
and seventy-five thousand dollars to building sewers in 
the Eastern District of said City. To meet the interest 
and discharge and pay said bonds at maturity an annual 
tax shall be assessed and collected, not exceeding seven 
cents on each one hundred dollars’ worth of real estate 
and improvements in said City. Said tax shall be col- 
lected by the Tax Receiver and paid into the Sinking 
Fund of said City on every third day after its collection 
by him, until a sufficient sum shall be realized to pay off 
and discharge the bonds and interest aforesaid, when 
said tax shall cease. Said bonds shall be entitled and 
known as follows: Four hundred and twenty-five of said 
bonds shall be entitled and known as ‘‘Sewer Improve- 
ment Bonds,” and the remaining one hundred and 
twenty-five shall be entitled and known as ‘‘ Wharf and 
Fulton Street Improvement Bonds.’’ 


29, The several acts incorporating The City of Louis- 
ville and acts amendatory thereof are hereby so amended 
that said City may issue and sell, on the order of the 
Mayor and Boards of Aldermen and Common Council of 
said City, the bonds of said City, having thirty years to 
run and bearing a rate of interest not exceeding seven 
per cent. per annum, payable semi-annually, to an amount 
not exceeding one hundred and fifty thousand dollars ; 
the proceeds of which shall be appled to the payment of 
such liability and expenditure as may be incurred by The 
City in the construction of a new Jail, in cooperation 
with the County of Jefferson ; and the said City Council, 
in case of the issue and sale of such bonds or of any part 
thereof, shall levy and cause to be collected annually, 
such taxes as shall be adequate to the payment of the 
interest and principal of such bonds as [are] due when 
they become due; and such taxes shall be collected as 
other taxes are collected and shall be assessed and levied 


An act to 
amend the 
charter of The 
City- of Louis- 
ville, author- 
izing issue of 
bonds to defray 
expenses in 
building a new 


jail. Approved 


Mar. 9, 1868. 


256 


FINANCE. 


Ordinance, 
approved Mar. 
25/1871: 


Ordinance, 
approved Apr. 
fel ey t 


upon the taxable property within The City, or upon such - 
part thereof as said General Council may deem expedient. 


30. By virtue of Section 11 of an act approved March 
3, 1871, entitled ‘‘An act to amend an act entitled an act 
establishing a new charter for The City of Louisville,”’ 
the Mayor of said City is hereby authorized and directed 
to have prepared and to issue and dispose of two hundred 
bonds of said City of the denomination of one thousand 
dollars each, to be entitled and known as ‘‘Old liability 
bonds;’’ they to bear interest at the rate of seven per 
cent. per annum, and to have coupons attached for the 
semi-annual payment thereof, which bonds and coupons 
shall be attested by the City Auditor and the Treasurer of 
the Sinking Fund; they to become due and payable thirty 
years after their date, and the interest and principal to 
be paid at the office of the Commissioners of the Sinking — 
Fund of said City. Said bonds or their proceeds shall 
be used solely to pay the indebtedness and liabilities of 
said City created prior to the third day of March, 1870. 
The Commissioners of the Sinking Fund having con- 
sented, by resolution adopted by them on the twentieth 
day of March, 1871, to carry the bonds herein authorized 
to be issued, the same are hereby declared to be a charge 
on said Sinking Fund to be paid by it as and when pro- 
vided in Sections 1 and 2 of this ordinance. 


31. As permitted by the eleventh Section of an act of 
the General Assembly of the Commonwealth of Ken- 
tucky, approved March 3, 1871, entitled ‘‘An act to 
amend an act entitled ‘An act establishing a new charter 
for The City of Louisville,’’’? and the fourth Section of 
an act, approved March 21, 1871, entitled ‘‘An act to 
amend the charter of The City of Louisville,’’? and for the ° 
purpose therein named, to wit: of making a road-bed for 
the Louisville, Cincinnati, and Lexington Railroad north 
of Main Street, in accordance with the contract executed 
the third day of June, 1870, the Mayor is hereby author- 
ized and directed to issue and dispose of the bonds of The 
City to the amount of one hundred and fifty thousand 


FINANCE. 


dollars, with coupons attached for the payment of the 
interest semi-annually. Said bonds to be of the denomi- 
nation of one thousand dollars each, and to bear interest 
at the rate of seven per cent., and to be due and payable 
thirty years after the date thereof at the Bank of 
America, New York. Said bonds shall be Known as 
‘Road-bed Bonds.’ Said bonds shall be signed by the 
Mayor of said City under the corporate seal, and counter- 
signed by the Auditor, and also by the Treasurer and 
Secretary of the Sinking Fund, and said Auditor shall 
sign each coupon attached as aforesaid. The aforesaid 
bonds, or the money realized therefrom, shall be applied 
to the making of a road-bed for the Louisville, Cincin- 
nati, and Lexington Railroad north of Main Street, in 
accordance with the contract executed the third day of 
June, 1870. To meet the interest and discharge and pay 
said bonds at maturity, an annual tax shall be assessed 
and collected, not exceeding three cents on each one 
hundred dollars’ worth of real estate and improvements 
in said City. Said tax shall be collected and paid into 
the Sinking Fund of said City by the Tax Receiver of said 
City, on every third day after its collection by him, 
until a sufficient sum shall have been realized to pay off 
and discharge the principal and interest of said bonds, 
when this tax shall cease. 


32. The Mayor of The City of Louisville is authorized 
and directed to subscribe, in the name and for and in 
behalf of The City of Louisville, for ten thousand addi- 
tional shares of the capital stock of the Elizabethtown 
and Paducah Railroad Company, in all respects and upon 
all the terms and conditions mentioned in said ordinance; 
and after the execution by the Railroad Company of a 
contract which, to the satisfaction of the Mayor, shall 
contain all the obligations and stipulations on the part of 
said Company provided for in said ordinance, and after 
the performance of all other acts required by said ordi- 
nance to be performed by said Company before the 
making of said subscription. 

17 


The bonds already pre- 


Ana te £0 
authorize the 
Mayor of The 
City of Louis- 
ville to sub- 
scribe, in the 
name and for 
and in behalf 
of the said City, 
for ten thou- 
sand additional 
shares of the 
capital stock of 
the E. & P. R. 
R. Co. Ap- 
proved Feb. 18, 
1873. 


An-act for 
the benefit of 
The City of 
Louisville. 
Approved Mar. 


7 > oD 
3, 1875. 


FINANCE. 


pared and executed by said City officials as aforesaid, 
with sufficient number of other similar bonds to make up 
the requisite number, shall, after it has been made to 
appear thereon that they have been delivered pursuant 
to this act be delivered to the Commissioners of the 
Sinking Fund for the purposes and upon the terms 
mentioned in said ordinance; and all other bonds, con- 
tracts, and all mortgages, such as are mentioned in 
said ordinance, shall be executed at such times as 
as they properly can be, as provided in said ordinance; 
and generally all the provisions of said ordinance, except 
the twelfth and fourteenth Sections thereof, which have 
already been compled with as aforesaid, shall henceforth 
be in force. It being the intent and purpose of this act to 
enact all the provisions of the said ordinance, except the 
said twelfth and fourteenth Sections, in all respects as if 
the same were herein again copied. 


33. For the purpose of completing the road-bed for 
the Louisville, Cincinnati and Lexington Railroad, north 
of Main street in said City, as required in or by the con- 
tract executed on the third day of June, 1870, by which 
the line and route of connection between said road and 
the Louisville and Nashville Railroad were designated, 
the General Council may by ordinance or resolution cause 
to be issued the bonds of said City, not to exceed the 
sum of two hundred thousand dollars, or such amount 
or sum thereof as will complete said road-bed, or as may 
be required under the provisions of said contract; and 
for the purpose of completing the new City Hall building 
in said City and furnishing the same the General Council 
of The City of Louisville may by ordinance or resolution 
cause to be issued the bonds of said City to the amount 
of not more than two hundred thousand dollars. All of 
the bonds aforesaid shall be made payable not exceeding 
thirty years from their date, and at such place as shall 
be designated in the ordinance or resolution authorizing 
their issue; to bear interest at the rate of not more than 
eight per cent. per annum, payable semi-annually, for 


FINANCE. 


—~——_—_——_ 


the payment of which interest coupons may be attached 
to said bonds. The said bonds shall be signed by the 
Mayor of said City, under the corporate seal, and coun- 
tersigned by the Auditor of said City; the Auditor shall 
also sign each of said coupons thereto attached. ‘To 
provide for the payment of the principal and interest of 
said bonds the said General Council may levy and collect 
an annual tax on all property in said City taxable under 
the revenue laws of the State of Kentucky sufficient, in 
the opinion of the Commissioners of the Sinking Fund 
of said City, to pay off and discharge the same; and said 
bonds and interest thereon shall constitute a charge on 
said Sinking Fund. Out of the proceeds of the bonds, 
to the amount of one hundred and twenty-five thousand 
dollars, authorized to be applied to the raising and 
improving of the grade of Fulton Street east of Preston 
Street, under the provisions of Section 3 of an act entitled 
‘‘An act to amend the charter of The City of Louisville,”’’ 
approved March 21, 1871, the General Council of The 
City of Louisville is hereby authorized to apply the 
remainder that is left, after the raising and improving of 
the grades of Fulton Street east of Preston Street is pro- 
vided for, to the raising and making of the grades of 
such cross Streets east of Preston Street extending north- 
wardly and southwardly from Franklin Street to Fulton 
street, and for the construction of such flood-gates east 
of Second Street and north of Washington Street for the 
protection of that portion of said Hity from the high- 
water overflows of the Ohio river, as the said General 
Council may by ordinance or resolution direct. 


34. The General Council shall have power and is hereby 
authorized by ordinance to provide for the issue and dis- 
posal of the bonds of The City to the amount of six 
hundred thousand dollars, said bonds to bear interest not 
to exceed seven per centum per annwm, with coupons 
attached for the payment of the interest semi-annually; 
said bonds to become due not longer than thirty years 
after their date; to be signed by the Mayor under the 


259 


An act to 
toamendthe 
charter of The 
City of Louis- 
ville” Ap- 
proved Feb. 
20,1873. Sec.8. 


260 


Ordinance, 
approved April 
26, 1873. 


FINANCE. 


een 
corporate seal of said City, to be countersigned by the — 
Auditor, and registered by the Secretary and Treasurer 


of the Sinking Fund. The Auditor shall also sign the 


coupons attached to said bonds. To pay the interest and 
provide for paying the principal of said bonds at 
maturity, the General Council shall have power to 
annually levy and collect a tax, on every description of 
property in said City subject to taxation under the 
revenue laws of the State of Kentucky, of not exceeding 
seven cents on each one hundred dollars’ worth of 
property so assessed. The proceeds of said bonds shall 
be applied as far as necessary in paying the face, with 
six per cent. interest on same, of such apportionment 
warrants as have been or may be issued by the General 
Council for the reconstruction of the carriage-ways of 
streets and alleys under the provisions of the twelfth 
Section of the charter, approved March 3, 1870, entitled 
‘An act to establish a new charter for The City of 
Louisville.”’ 


39. As permitted by the eighth Section of an act of 
the General Assembly of the Commonwealth of Kentucky, 
entitled ‘‘An act to amend the charter of The City of 
Louisville,”’ approved twentieth February, 1873, and for 
the purposes named in said Section of said act, the Mayor 
is hereby authorized and directed to have prepared and 
to dispose of the bonds of The City of Louisville to the 
amount of six hundred thousand dollars. Said bonds 
shall be signed by the Mayor, under the corporate seal 
of said City, and be of the denomination of one thousand 
dollars each, to become due thirty years after their date, 
to bear interest at the rate of seven per cent. per annum, 
payable semi-annually; for the payment of which inter- 
est coupons shall be attached, signed by the Auditor. 
Said bonds shall be countersigned by the Secretary and 
Treasurer of the Sinking Fund, and both principal and 
interest of said bonds to be made payable in the city 
of New York. The bonds aforesaid shall be called 
‘* Reconstruction bonds,’’ and the proceeds of the same 


FINANCE, 


shall be applied, as far as may be necessary, in paying 
the face, with six per cent. interest on same, of such 
apportionment warrants as have been or may be issued 
by the General Council of The City of Louisville for the 
reconstruction of the carriage-ways of the streets and 
alleys, under the provisions of the twelfth Section of the 
act, approved third of March, 1870, entitled ‘An act 
establishing a new charter for the City of Louisville.”’ 
To meet the interest and to discharge and pay the said 
bonds at maturity, an annual tax shall be levied and 
collected not exceeding seven cents on each one hundred 
dollars’ worth of property in said City subject to tax- 
ation under the revenue laws of the State of Kentucky. 
Said tax shall be collected by the Tax Receiver and paid 
into the Sinking Fund of The City of Louisville on every 
third day after its collection by him, until a sufficient 
sum shall be realized to pay off and discharge the bonds 
and interest aforesaid, when said tax shall cease. 


36. The Sinking Fund of The City of Louisville is 
hereby charged with the payment of the floating debt of 
said City existing on the first day of January, 1879, and 
that for the purpose of paying the same the General 
Council of said City is hereby authorized and directed 
to cause to be issued one million dollars of coupon bonds 
of said City. These bonds shall bear interest from their 
date at the rate of five per centwm per annum, payable 
semi-annually, and the principal thereof be payable at 
any period to be fixed in the ordinance; not exceeding 
forty years from their date. One half of said bonds 
shall be issued so that they may be called in and paid off 
at any time after ten years from their date, and the 
other half at any time after twenty years from their 
date. In order to provide for the payment of the prin- 
cipal and interest of said bonds as they respectively fall 
due, the General Council of said City is hereby author- 
ized and directed to levy annually and cause to be 
collected a tax of ten cents on each one hundred dollars’ 
worth of property, real, personal, and mixed, money, 


An act to 
amend the 
charter of The 
City of Louis- 
¥illbentsé p- 
proved March 
30, 1880. 


262 


FINANCE. 


choses-in-action, bonds, stocks, and evidences of debt, in 
said City, subject to taxation under the revenue laws of 
the State of Kentucky, and the authority and direction 
to levy and collect said tax shall continue for the purpose 
aforesaid so long as it may be necessary to pay the 
principal and interest of said bonds. The said tax when 
collected shall be paid into the treasury of said Sinking 
Fund. Said bonds shall be delivered by the Mayor to 
the Commissioners of the Sinking Fund, who shall hold 
the same as the property of the Sinking Fund and have 
the right of a dona fide holder, and may from time to 
time as they may deem advisable, sell and dispose of the 
same. ‘The proceeds of the taxes assessed and levied by 
The City of Louisville prior to the year 1879, except the 
taxes levied for the benefit of the Public Schools and 
House of Refuge, as the same may hereafter be collected 
shall be paid into the Sinking Fund and shall be held 
and applied to the payment of the bonded debt of said 
City. The General Council of said City shall for the 
purpose of providing for the payment of the principal 


and interest of the bonds issued by said City to the 


Elizabethtown and Paducah Railroad Company, dated 


October 1, 1868, and the bonds issued to the same Com- 


pany, dated January 1, 1873, and the bonds issued to 
the Louisville, New Albany, and St. Louis Air-line Rail- 
way Company, dated September 1, 1871, continue td levy 
annually and cause to be collected a tax of thirty cents 
on each one hundred dollars’ worth of property, real, 
personal, and mixed, money, choses-in-action, bonds, 
stocks, and evidences of debt in said City subject to taxa- 
tion under the revenue laws of the State of Kentucky; 
and said levy shall continue to be made so long as it may 
be necessary to pay the principal and interest of said 


_ bonds. Said taxes when collected shall be paid into the 


Sinking Fund of said City and said Sinking Fund shall 
with said taxes and other resources pay the aforesaid 
bonds. The bonds authorized to be issued by this act 
and all other bonds of said City for which The City is 
primarily liable, shall be a charge on the Sinking Fund 


FINANCE. 


263 


of said City. Nothing in this act shall repeal the au- 
thority which The City of Louisville has to levy and 
collect taxes to pay the principal and interest of the 
bonds herein charged on the Sinking Fund, should said 
taxes be necessary to pay the same. 


87. In accordance with the provisions of an act of the 
General Assembly of the Commonwealth of Kentucky, 
entitled ‘‘An act to amend the charter of The City of 
Louisville,’? approved March 30, 1880, the Mayor is 
hereby authorized and directed to cause to be prepared 
and issued one million dollars of coupon bonds of said 
City, of the denomination of one thousand dollars each, 
to be dated the first day of May, 1880, and bear interest at 
the rate of five per centum per annum, payable semi- 
annually, and the principal thereof payable forty years 
after their date, interest and principal to be paid at 
the Bank of America, in the city of New York, but 
five hundred of said bonds shall be issued so that 
‘they may be called in and paid off 4t any time 
after ten years after their date, and the other five 
hundred at any time after twenty years from their 
date; and in order to provide for the payment of the 
principal and interest of said bonds as they respect- 
ively fall due a tax of ten cents on each one hundred 
dollars’ worth of property, real, personal and mixed, 
money, choses-in-action, bonds, stocks, and evidences of 
debt in said City, subject to taxation under the revenue 
laws of the State of Kentucky, is hereby levied annually 
until said bonds, principal, and interest are fully paid. 
The said bonds shall show on their face that they are a 
charge on the Sinking Fund; shall be numbered, signed 
by the Mayor, under the corporate seal of The City, and 
countersigned by the Auditor, and registered by the 
Secretary and Treasurer of the Sinking Fund, and the 
coupons to be signed by the Auditor alone. So soon as 
said bond#are issued, as hereinbefore directed, the Mayor 
shall deliver the same to the Commissioners of the Sinking 
Fund, who shall hold the same as the property of the 


Ordinance: 
approved Apr 
18, 1880. 


264 


An act to 
legalize and 
make valid one 
million five 
hundred thou- 
sand dollars of 
four per cent. 
coupon bonds 
of The City of 
Louisville, 
prepared and 
issued under 
an ordinance 
voted upon by 
the voters of 
said City on 
May 19, 1883. 
Approved Mar. 
20, 1884. 


FINANCE. 


Sinking Fund, and have the right of a bona fide holder, 
and may from time to time, as they deem advisable, sell 
and dispose of the same. The proceeds of said. bonds, 
and the taxes assessed and levied by The City of Louis- 
ville prior to the year 1879, except the taxes levied for 
the benefit of the public schools and House of Refuge, 
shall be held and applied by the Sinking Fund to the 
bonded debt of said City and the floating debt of said 
City, said floating debts being in all instances first ascer- 
tained and allowed by the General Council. 


38. The one million five hundred thousand dollars of 
four per cent. coupon bonds of The City of Louisville, 
prepared and issued under an ordinance voted upon by 
the voters of said City on the nineteenth day of May, 
1883, are hereby legalized and made valid, and that for 
the purpose of paying the interest and principal of said 
bonds the General Council of said City is hereby author- 
ized and directed annually to levy and cause to be 
collected a tax of not exceeding fifteen cents on each one 
hundred dollars’ worth of property in said City, subject 
to taxation under the revenue laws of the State of Ken- 
tucky, and said tax shall be levied and collected until 
said bonds, principal and interest, are fully paid. The 
said bonds are hereby made a charge on the Commis- 
sioners of the Sinking Fund of The City of Louisville, 
and the tax herein authorized and directed to be levied 
and collected shall be paid into said Sinking Fund by 
The City of Louisville for the purpose of paying the 
principal and interest of said bonds. Out of the proceeds 
of said bonds a sum not to exceed the sum of seventy- 
five thousand dollars may be used in paying the cost of 
the Courthouse improvement, buying and equipping a 
new steam fire-engine house and two fire-engines, and 
the new Eruptive Hospital. The money collected and to 
be collected under the levy made by said City for the 
year 1883, described in said levy ordinance, to pay the 
interest and so forth on City bonds authorized by the ordi- 
nance referred to in the first Section of this act, is hereby 


FINANCE. 


265 


directed to be applied by the Sinking Fund Commis- 
sioners to the payment of the principal and interest of 
the bonds described in the first Section hereof. 


39. Whereas, by ordinance of the General Council of 
‘The City of Louisville, duly approved upon May 4, 1883, 
it was ordained that the Mayor was thereby authorized and 
directed to cause to be prepared and issued one million five 
hundred thousand dollars of coupon bonds of said City, 
to be dated July 1, 1883, and to bear interest at the rate 
of four per cent. per annwm, payable semi-annually, and 
the principal thereof payable forty years after their date, 
and that all of said bonds should be issued so that they 
and each of them might be called in and paid off at any 
time after twenty years after their date, and that so soon 
as the said bonds were issued the Mayor should deliver 
the same to the Commissioners of the Sinking Fund of 
said City, who should sell the same in such quantity as 
the Mayor and said Commissioners might deem best for 
the interests of said City. And whereas, such issue of 
bonds also was by act of the General Assembly of the 
Commonwealth of Kentucky, approved March 20, 1884, 
legalized and made valid. And whereas, by further act 
of the said General Assembly duly approved April 12, 
1884, it was enacted that the Commissioners of the Sink- 
ing Fund of said City were authorized to sell and dispose 
of the remainder of said bonds upon the best terms to be 
obtained, though it be at less than their par value, and 
that the said bonds might, at the discretion of said Com- 
missioners, before being sold, be changed so as to become 
due forty years after their date in the place of being 
twenty-forties as then prepared. And whereas, there are 
now remaining unsold, in the hands of said Commis- 
sioners of the Sinking Fund, bonds of said issue to the 
amount of eleven hundred and ninety-four thousand 
dollars. And whereas said Commissioners of the Sink- 
ing Fund have duly resolved to change all of the remain- 
der of said bonds, being bonds numbered from Nos. 177, 
178, 179, 180 and 183 to 1,000 inclusive, of five hundred 


Ordinance, 
approved Apr. 
21, 1884. 


Ordinance, 
approved May 
4, 1883. 


FINANCE. 


dollar denominations, and amounting in the aggregate to 
four hundred and eleven thousand dollars, and seven hun- 
dred and eighty-three one thousand dollar bonds from 
Nos. 217, 218, 219, 220 and 222 to 1,000 inclusive, and 
amounting in the aggregate to seven hundred and eighty- 
three thousand dollars, so that they shall become due and 
payable forty years after their date in the place of being 
twenty-forties as now prepared, and to express their action 
in the premises by.printing upon each of said bonds the 
following indorsement, to be signed by the President 
of said Commissioners, and to have their seal thereto 
affixed: 


“This bond is one of a series duly authorized by ordinance of the General 
Council of The City of Louisville and by acts of the General Assembly of 
Kentucky. Pursuant to said acts this bond has been and is hereby duly 
changed by the Commissioners of the Sinking Fund of said City so as to 
become due and payable forty years from the first day of July, 1883, instead 
of being redeemable after twenty years. 


Dated, Louisville, Ky., , 1884. 
as ee 
f SEAL ) President of the Commissioners of the 
Los. J Sinking Fund of The City Louisville,” 
—— : 


And have further resolved to sell all of said bonds, so 
remaining, to Kuhn, Loeb & Co., New York, at the 
price of ninety-seven per cent. and accrued interest, less 
one-half per cent. commission, amounting in the aggre- 
gate to ——— dollars. Now, therefore, be it ordained by 
the General Council of the City of Louisville that the 
action of said Commissioners as above set forth be and 
the same hereby is in all things adopted and confirmed 
as the action of said General Council of The City of 
Louisville, and that the Mayor shall sign the aforesaid 
indorsement to be placed upon said bonds and affix the 
seal of the City thereto, in evidence of such adoption and 
confirmation. 


40. In accordance with the provisions of Sections 67, 
68, and 69 of an act approved March 3, 1870, entitled 
‘An act establishing a new charter for The City of Louis- 
ville, and to borrow money to provide the improvements, 
comfort, convenience, and advantage of the inhabitants 


FINANCE. 


of The City, the Mayor is hereby authorized and directed 
to cause to be prepared and issued one million five hun- 
dred thousand dollars of coupon bonds of said City, one 
million to be of the denomination of one thousand dollars 
each, and five hundred thousand dollars in bonds of 
the denomination of five hundred dollars each, to be 
dated first day of July, 1883, to bear interest at the rate 
of four per cent. per annwm, payable semi-annually, and 
the principal thereof payable forty years after their date; 
interest and principal to be paid at the United States 
National Bank in the city of New York. All of said 
bonds shall be issued so that they and each of them may 
be called in and paid off at any time after twenty years 
after their date; and in order to provide for the payment 
of the principal and interest of said bonds as they 
respectively fall due a tax of twelve cents on each one 
hundred dollars’ worth of property, real estate and such 
personal estate as is designated in the annual levy ordi- 
nance for the year ending September 1, 1863, is hereby 
levied annually until said bonds, principal and interest, 
are fully paid. The said bonds shall. be numbered, 
signed by the Mayor, under the corporate seal of the 
City, and countersigned by the Auditor, and registered 
by the Secretary and Treasurer of the Sinking Fund, 
and the coupons to be signed by the Auditor alone. So 
soon as said bonds are issued, as hereinbefore directed, 
the Mayor shall deliver the same to the Commissioners of 
the Sinking Fund, who shall sell the same in such quan- 
tities as the Mayorand said Commissioners may deem best 
for the interest of said City, and pay over the proceeds of 
such sales to the Treasurer of said City. The proceeds of 
said bonds shall be sacredly applied to the reconstruction 
of the worn out public ways of said City, to the con- 
struction of such sewers as are at this time pressingly 
required, to the repairs of the western outfall sewer, and 
restoration of the levees and embankments on Fulton 
Street and the Cutoff. When said bonds are issued the 
money thus raised shall be applied as follows: One 
million dollars for reconstruction of streets; four hundred 


An act to 
authorize the 
Commissioners 
of the Sinking 
Fund of The 
City of Louis- 
ville to. sell 
bonds. Appro- 
ved A prifad2: 
1884. 


An act for 
the benefit of 
Live Git y ee 


Louisville, ap- 
proved March 
29, 1878. 


FINANCE. 


and fifty thousand dollars to build new sewers and repair 
the western outfall sewer, and fifty thousand dollars to 
repair the levee at the head of the Cutoff on the Point. 
Said bonds shall not be sold for less than par, and the 
amounts set apart shall under no circumstances be applied 
otherwise than as named above, and all sums to be paid 
out of said above named amounts shall be certified to by 
the City Book-keeper and the City Engineer as being a 
proper charge against said sums. This ordinance shall 
take effect only upon its being published as provided in 
the City charter, and being voted in favor of by such a 
majority of the qualified voters of The City of Louisville 
as is required by law, at a special election which shall be 
held on the nineteenth day of May next, 1883, for the 
purpose of taking the sense of the qualified voters afore- 
said in the premises as required by law. 


41. The Commissioners of the Sinking Fund of The 
City of Louisville are hereby authorized to sell and dis- 
pose of the remainder of the one million five hundred 
thousand dollars of City - of- Louisville four per cent. 
coupon bonds, upon the best terms to be obtained, though 
it be at less than their par value, any provision in the 
ordinance providing for their issue to the contrary not- 
withstanding. The said bonds may, in the discretion of 
the Commissioners of the Sinking Fund of said City, 
before they are sold be changed so as to become due 
forty years after their date in the place of being twenty- 
forties as now prepared. 


42. The General Council of The City of Louisville shall 
have full power to transfer the unexpended balances now 
to the credit of the Jail and Fulton Street improvement 
fund to the new Workhouse account, and expend the 
same in the construction and furnishing the said new 
Workhouse. The General Council of said City shall 
have full power and authority to annually levy and cause 
to be collected, in addition to the sum now authorized to 
be collected, the sum of one cent on each one hundred 


FINANCE. 


269 


dollars’ worth of property in said’ City subject to tax- 
ation under the revenue laws of the State of Kentucky, 
making in all an annual levy of not exceeding six cents 
on each one hundred dollars’ worth of property in said 
City, to be used exclusively for the support and main- 
tenance of the houses of refuge. 


43. The sum of one million dollars is hereby appro- 
priated out of the proceeds of the City bonds issued 
under the authority of an act entitled ‘‘An act to amend 
the charter of The City of Louisville,” approved March 
30, 1880, to pay claims against The City of Louisville 
existing prior to January 1, 1879. The said claims, when 
allowed by the General Council, shall be paid by the 
Sinking Fund of The City of Louisville upon the warrant 
of the Auditor. 


44. Whenever a receipt for taxes paid to the Lotis- 
ville and Nashville Railroad Company shall have been 
lost or mislaid, and the tax-payer shall receive a true 
copy of said bill, attested by the Assessor, and oath 
being made before a Magistrate or Notary Public that 
the original tax-receipt has been so lost or mislaid, and 
never been transferred, it shall be a sufficient guaranty 
to authorize the Mayor to transfer stock on said attached 
certificate as on the original tax-receipt, after sufficient 
security shall have been given to save The City harmless 
on the original tax bill. 


45. The Farmers’ Loan and Trust Company, doing 
business in the City of New York, is hereby authorized 
to act as registrar and transfer agents for said City [of 
Louisville] of bonds issued by it in aid of the Elizabeth- 
town and Paducah Railroad Company, as authorized by 
ordinance approved April 18, 1868: Provided, that no 
charge shall be made against said City for such agency. 


kes See Auprror — ConTRACTS— CoRPORATE POWERS — GAS —GEN- 
ERAL CouNCIL— RAILROADS—SINKING FUND—TAXATION — TREASURER 
—W ATER. 


Ordinance, 
approved May 
29, 1880. 


Ordinance, 
approved Oct. 
26, 1855. 


Ordinance, 
approved Sept. 
8, 1869. 


CHAPTER Xxhl 


FINES AND MISDEMEANORS. 


GOAN ON as 


1. Awnings. 
2. Bathing. 
3. Bell-ringing. 

4. Second ordinance. 

5. Third ordinance. 

6; Bill-posting. 

7. Ordinance. 

8. Second ordinance. 

9. Bicycles. 

10. Bridges. 

11. Second ordinance. 
12. Carcasses. 

13. Second ordinance. 
14. Third ordinance. 
15. Cattle. 

16. Second ordinance. 
17. Cellars, cellar-doors, ete. 
18. Cisterns, wells, ete. 

19. Second ordinance. 
20. Third ordinance. 

21. Contagious diseases. 


22. Disinterring and non-interring 


of corpses. 

23. Disorderly conduct. 

24. Dogs. 

25. Second ordinance. 
26. Third ordinance. 

27. Drunkenness. 

28. English sparrows. 

29. Exposure of person. 

30. Fast riding and driving. 
31. Second ordinance. 
32. Fires and fire precautions. 
33. Second ordinance. 

34. Third ordinance. 


Orr Ca .Ouw Cv Gr sr Or — 
HABA Swe SO 


67. 


cars. 


68. 


Fourth ordinance. 
Fifth ordinance. 
‘Sixth ordinance. 
Gas and other fixtures. 
Geese. 
Guns and fire-works. 
Gutters. 


. Hides. 


Horses, mules, ete. 

Second ordinance. 
Inflammables and explosives. 

Ordinance. 

Second ordinance. 

Third ordinance. 

Fourth ordinance. 
Larceny. 

Markets. 

Second ordinance. 
Nuisances. 

Second ordinance. 

Third ordinance. 

Fourth ordinance. 
Obstructions in the Ohio river. 
Paupers and others. 

Privies, vaults, ete. 

Second ordinance. 
Public property. 
Public ways. 

Second ordinance. 

Third ordinance. 

Fourth ordinance. 

Fifth ordinance. 

Riding on the steps of horse- 


Shade-trees. 


FINES AND MISDEMEANORS. 


. Vagrants. 
. Vehicles. 


Second ordinance. 


69. Slaughter-houses. 
70. Street plumbing. 
71. Sunday. 


oo 


or 


Third ordinance. 
. Water. 


Second ordinance. 


Ta Second ordinance. 


73. Unlawfully wearing _ police- 
badges. 


oo . 


JI oJ 7 -1 -] =] 
~I 


or 
~~ 
. 


1. It shall not be lawful to erect, keep, or maintain in 
or over any sidewalk, street, alley, or public thorough- 
fare, any awning which shall not extend to the line of 
the curbstone of the footway or pavement in front of the 
premises before which said awning shall be placed, the 
lower part or eave thereof being at least nine feet above 
the curbstone, and so covered over as to throw water falling 
thereon into the gutter of the streets, and be supported 
by iron posts of suitable size, and securely fastened in a 
block of stone eighteen inches in length and not less than 
six inches square and placed in the ground four inches 
inside of and beyond the curbstone and no further; 
Provided, however, that this ordinance shall not apply to 
any awning now erected if the same does not extend to 
the curbstone, and shall not prevent the erection of 
awnings fifteen feet in width on or over sidewalks which 
are more than fifteen feet in width. There shall be no 
side- or end-wings or any rail attached to said awning or 
iron posts. Any person violating this ordinance shall be 
fined not less than five nor more than twenty dollars for 
each offense, and five dollars penalty for each twenty- 
four hours that the violation continues. 2 

2. It shall be unlawful for any one, between the hours 
of 4 o'clock a.m., and 9 o’clock P.mM., to bathe in the 
canal, Beargrass Creek, or in the Ohio River, at any point 
between the eastern and western boundaries of The City, 
or inany pond within the City limits. For a violation 
of the provisions of this ordinance each party offending 


27) 


Ordinance, 
approved May 
28, 1875. 


~ 


Ordinance, 
approved July 
25, 1867. 


shall be lable to arrest, and shall, for each offense, be 


fined ten dollars. 
3. Any person who shall ring the bell of a church, 
engine-house, or tavern, with the intent to create, or shall 


Ordinance, 
approved Oct. 
31, 1853. 


272 


Ordinance, 
approved Oct. 
17, 1853. 


Ordinance, 
approved Dec. 
30, 1854. 


An act to 
establish the 
boundaries and 
taxable limits 
and to amend 
the charter of 
The City of 
Louisville. 
Approved Mar. 
9,1867. Sec. 11. 


Ordinance, 
approved Dec. 
17, 1855. 


FINES AND MISDEMEANORS. 


in any way knowingly create a false alarm of fire, shall 
be fined twenty dollars. 


4. Any person who shall ring a bell in the streets to 
give notice of an auction or other assembly for a longer 
time than ten minutes, or elsewhere than before the door 
of the place of the auction or assembly, shall be fined five 
dollars. 


9. No fire bell or bells shall be rung or tolled in 
The City of Louisville, except in times of fire, for a 
longer time than fifteeen minutes. No church bell shall 
be rung in any one half hour for a longer time than five 
minutes, unless when rung for fire. Any person offend- 
ing against this ordinance shall be fined not less than 
ten nor more than twenty dollars. 


6. The General Council shall have power to pass ordi- 
nances, imposing fines and penalties, to prohibit any one 
from placing or causing to be placed, in any street or 
alley, or on any wall, fence, or other place, exposed to 
public view in the said City, any indecent or gross 
painted, printed, or written advertisement, bill, or notice, 
as wellas any such advertisement or notice of professional 
skill, or remedies for what are usually called secret dis- 
eases, and to prohibit any such notices, bills, or adver- 
tisements, whether inclosed in an envelop or other form, 
or uninclosed, from being left in any yard or premises 
attached to any dwelling house within said City, or being 
put under any door, or given to any servant or person 
about such dwelling house. 


7. A fine of five dollars is hereby imposed upon any 
and all persons who shall paste a handbill or print an 
advertisement on any house or fence, whether public or 
private, without the consent of the owner. And the same 
fine is also imposed upon any and all persons for whose 
benefit said handbills or printed advertisements are put 
up. It is hereby made the duty of the police to give 
information against all persons who may violate this 


ordinance. 


FINES AND MISDEMEANORS. 


8. It shall be unlawful for any one to place or cause 
to be placed in any street or alley, or on any wall, fence, 
or other place exposed to public view within the City 
limits, any indecent or gross painted, printed, or written 
advertisement, bill, or notice of professional skill, or 
remedies for treatment of what are usually called ‘‘secret 
diseases,’’ or to leave or cause to be left any such notices, 
bills, or advertisements, whether inclosed in an envelope 
or other form, or uninclosed, in any yard or premises 
attached to any dwelling house within The City, or 
under any door, or to give or cause to be given to any 
servant or person about such dwelling house or premises, 
any such notices bills, or advertisements. For a viola- 
tion of any of the provisions of this ordinance, the party 
offending shall, for each offense, be fined not less than 
fifty dollars nor more than one hundred dollars; and, 
moreover, shall be subject to be arrested and held in 
custody for trial before the Judge of the City Court of 
Louisville. 


9. It shall be unlawful for any person to use a bicycle 
on any of the public ways of The City of Louisville 
without having in connection with such bicycle at all 
times a gong of sufficient sound, and so used to warn 
persons of its approach; and also whenever such bicycle 
is used on any of the public ways between sunset and 
sunrise a lantern so conspicuously placed as to warn. 
persons of its approach. Any person violating the pro- 
visions of this ordinance shall be fined ten dollars for 
each offense. 


10. Any person who shall ride or drive otherwise than 
on a walk upon any bridge not made wholly of stone, 
shall be fined four dollars. Any person who shall tie a 
raft, boat, or other watercraft to any part of a bridge 
across Beargrass Creek, or shall use such bridge or any 
part of it for securing a raft, boat, or other watercraft, 
shall be fined ten dollars. The Mayor shall cause painted 
signboards to be placed and kept on each bridge across 


Beargrass, announcing the above fines, whhic the Wharf- 
18 


273 


Ordinance, 
approved Dec, 
9, 1867. 


Ordinance, 
approved Aug.. 
2, 1882. 


Ordinance, 
approved Oct. 
17, 1853. 


FINES AND MISDEMEANORS, 


Ordinance, 
approved Mar. 
27, 1875. 


Ordinance, 
approved Nov. 
14, 1853. 


Ordinance, 
approved June 
29, 1857. 


Ordinance, 
approved May 
9, 1878. 


master and Coal Measurer shall see strictly enforced 
against offenders. 


11. Any person or persons who shall drive or attempt 
to drive any team, wagon, dray, or other carriage, on or 
across the draw of any bridge in The City of Louisville 
while the same is opening or shutting, or after the signal is 
given by the bridge-tender for the opening thereof and 
before the opening is begun, or who shall disobey or 
resist the tender thereof in his efforts to keep and pro- 
mote order and equal convenience among those crossing 
the same, shall for each offense be fined not less than five 
nor more than twenty-five dollars. No person shall ride, 
lead, or drive any wagon, carriage, dray, cart, or other 
vehicle or conveyance, nor any horse, mare, ox, or other 
animal over or across any of the bridges constructed in 
whole or in part of wood or iron within the limits of 
The City of Louisville at a faster gait or pace than a 
common walk, and any person or persons who shall be 
cuilty of a violation of this Section shall, for each offense, 
be fined not less than five nor more than ten dollars. 


12. Any person who shall skin a dead animal, not 
slaughtered for meat, and shall fail for twelve hours 
after the death, or for four hours after he is informed 
thereof, to notify the Street Inspector of the death of 
such animal, belonging to such person or on or near his 
premises, shall be fined four dollars. The Street In- 
spector shall immediately cause the carcass to be 
removed. 


13. All persons, except the owners thereof, who may 
be guilty of skinning dumb brutes which die within the 
jurisdiction of said City, shall be subjeet to a fine of 
not less than ten dollars nor more than twenty-five 
dollars, to be collected as other fines are collected. 


14. It shall be unlawful for any person at any time to 
remove, haul, or drag any dead horse, mule, or cow 
through or along any of the public ways of this City, 
unless such person is first duly authorized to do the same 


FINES AND MISDEMEANORS. 


by contract with The City of Louisville; Provided, this 
Section shall not apply to the owner of such dead animal. 
Any person violating the provisions of the first Section 
of this ordinance shall be fined twenty dollars for each 
offense. . 

15. From and after the passage of this ordinance, any 
person who shall sell or offer for sale any cow, calf, 
or other cattle in Market Street, on the squares or blocks 
occupied by any market-house, or the intersections of 
any stveets adjoining said market-house, shall be fined 
four dollars. 

16. It shall be unlawful for any person or persons to 
offer for sale, as a business, any cows, calves, or horned 
cattle in the streets, alleys, market-places, or public land- 
ings in The City of Louisville; Provided, that this ordi- 
nance shall not be so construed as to prevent the sale of 
calves from market wagons. Any person violating this 
ordinance shall forfeit to The City not less than five, nor 
more than twenty dollars for each offense. All ordinances 
or parts of ordinances conflicting with this ordinance are 
hereby repealed. It shall be the duty of the police to 
enforce the provisions of this ordinance. 


17. It shall be unlawful for any person to permit his 
cellar-door or cellar-way on any public way in said City to 
be left open at any time. It shall be unlawful for any 
person to permit any cellar-door, cellar-way, or grating to 
any vaulton orin any public way in said City, belonging to 
premises owned or occupied by him, to be in an insecure 
condition, or in such condition as to endanger passers-by. 
It shall be unlawful for any person to place, keep, or 
“maintain on any sidewalk, street, or alley any cellar_ 
door, cellar-way, or steps leading into any cellar-door or 
cellar-way that is otherwise than level with the adjoining 
pavement, and that extends more than four feet from 
the line of the adjoining lot. All cellars shall be kept 
dry and well aired, and free from standing water, putri- 
fying and noxious vapors and smells, and during the 
months of June, July, August, and September well 


275 


Ordinance , 
approved July 
23, 1859. 


Ordinance, 
approved June 
12, 1866. 


Ordinance, 
approved May 
9, 1871. 


276 


Ordinance, 
approved Oct. 
27, 1853. 


Ordinance, 
approved Noy. 
20, 1865. 


Ordinance, 
approved May 
16, 1870. 


Ordinance, 
approved Nov. 
17, 1853. 


Ordinance, 
approved Noy. 
17, 1853. 


FINES AND MISDEMEANORS. 


srpinkled with lime or some other disinfectant, when 
necessary. Any person violating any provision of this 
ordinance shall be fined not less than five nor more than 
twenty dollars for each offense, 


18. If any person shall take water from a public cistern 
for any other purpose than to extinguish fires, or to use 
it in or upon the public fire-engines or apparatus, or shall 
open or leave uncovered a public cistern, he shall pay a 
fine of twenty dollars. 


19. Any person who shall unnecessarily hinder or delay 
another in resorting to or using any public pump, or shall 
water a horse or other animal, or shall wash himself or his 
dog, or other animal, or thing, within ten feet of such 
pump, or shall improperly use the dipper or any appen- 
dage to such pump, and any brickmason, stonemason, or 
plasterer, who shall use a pump or cistern to procure 
therefrom water to carry on his business, shall be fined 
not less than ten nor more than twenty dollars for each 
offense. Any person who shall injure, befoul, or corrupt 
any pump, stock, or appendage thereto, or any spring, 
well or cistern, shall be fined for each offense not less than 
fifty nor more than one hundred dollars. 


20. It shall be unlawful for any person to place or 
cause to be placed any rubbish, building material, or 
other substance on or over any of the public cisterns, or 
obstruct the way to or around the same. Any person 
violating this ordinance shall be fined not less than ten 
nor more than twenty-five dollars. 


21. Any person who shall knowingly introduce or aid in 
introducing into The City any contagious disease; or who, 
knowing any person to be laboring under such disease in 
The City, shall fail, within twelve hours, to inform the 
Mayor or an officer of the Board of Health thereof, shall 
be fined fifty dollars. 


22. If any person shall disinter, or remove from any 
erave or vault, without proper authority, any human 
dead body, interred or deposited therein, or shall receive 


FINES AND MISDEMEANORS. 


such body knowing it to have been so removed or disin- 
terred, he shall be fined fifty dollars. Any Sexton or 
other City officer who shall, without proper authority 
and consent of the friends of the deceased, permit any 
human dead body to be taken from its interment, or 
shall participate directly or indirectly in keeping from 
interment any such body brought to a graveyard or any 
cemetery for interment, shall be fined fifty dollars; and 
any sexton of a cemetery or graveyard shall be fined a 
like sum for suffering such body to be kept from its 
proper interment. And all officers, for either of the 
above offenses, shall be removed from office. When a 
dead human body is landed in The City from a steam- 
boat or other vessel, the master thereof shall cause the 
same to be decently buried and shall pay the expense 
thereof; and on his failure to do so, the master or person 
in charge, or any owner of such steamboat or other vessel 
Shall be liable to a fine of not less than twenty nor more 
than a hundred dollars. 


23. Whoever shall be guilty of any disorderly conduct 
in The City of Louisville shall be fined not less than five 
nor more than twenty dollars. 


24. The owner or possessor of any bitch-dog who shall 


permit her, when proud or rutting, to run at large, shall 
be fined ten dollars. 


25. Whenever injury shall be justly feared as likely to 
result from hydrophobia, the Mayor shall publish his 
proclamation, requiring all persons owning or having 
dogs to confine them to their premises for a prescribed 
time;! and any person who shall omit to secure any dog 
owned or harbored by him, or shall allow such dog to 
escape or go from his premises, shall be fined twenty 


1An ordinance of the town of Lagrange, directing the marshal to take 
into his possession hogs running at large in the town, and sell them without 
notice to the owner, was unauthorized and unconstitutional, inasmuch as it 
deprived the citizen of property without process from some judicial authority. 
—Varden v. Mount, 78 Ky., 86. 


Ordinance, 
approved Apr. 
4, 1870. 


Ordinance, 
approved Oct. 
26, 1853. 


Ordinance, 
approved Nov. 
17; 1858. 


278 


Ordinance, 
approved Jan. 
29, 1859. 


Ordinance, 
approved Mar. 
26, 1870. 


Ordinance, 
approved Sept. 
17, 1870. 


FINES AND MISDEMEANORS. 


dollars. During that time, any dog found at large shall 
be forthwith killed and removed under the direction of 
the Marshal, with the aid of the watchmen, and of such 
other persons in each ward as the Marshal may employ 
to assist in effecting the said object without the use of 
fire-arms, as far as that may be practicable. 


26. If any person shall, within the limits of said City, 
harbor or keep any animal of the dog kind that shall bite 
or fiercely attack any person whatever, such animal at 
the time of said biting or attack not being within the 
owner’s inclosure, such person so harboring or keeping 
said animal shall, on conviction thereof before the City 
Court, be fined in any sum not exceeding one hundred dol- 
lars; and, if any person so convicted shall continue to 
harbor or keep said animal within the limits of said City, 
and said animal shall again bite or fiercely attack any 
person in the manner aforesaid, the person so harboring 
or keeping said animal shall, on conviction thereof, be 
fined a like sum, and on any like convictions shall, from 
time to time, be fined in like manner, provided that this 
action shall not extend to a case where the person shall 
break or enter without permission into any inclosure, and 
shall be pursued therefrom by any such animal. If the 
owner shall suffer or permit on his lot or premises the 
loud and frequent or continued barking, howling, or yelp- 
ing of any animal of the dog kind, so as to annoy and 
disturb any neighbors, such owner shall, on conviction, 
be fined in any sum not exceeding ten dollars. 


27. Whoever shall be found guilty of drunkenness in 
The City of Louisville shall be fined not less than five nor 
more than twenty dollars. 


28. Any person who shall in any way wantonly injure 
or kill any English sparrows, or disturb or destroy their 
nests, or in any way molest them, shall be fined not less 
than five nor more than ten dollars for each and every 
such offense. If the person violating this ordinance be 
an adult and unable to pay the fine, he shall be committed 
to the Workhouse for three days; if a minor, he shall be 


FINES AND MISDEMEANORS. 
committed to the House of Refuge till relatives or friends 
pay the fine, not exceeding five days for each offense. 


29. Any person who shall expose his person indecently, 
or cause any person to do so within the City limits, shall 
be fined twenty dollars for each offense. 


30. Any person who shall ride or drivea horse or other 
animal in a street or alley, at a rate faster than five miles 
an hour; or when turning a street corner shall ride or 
drive otherwise than in a walk, or shall drive any vehicle 
which is not on springs, at a gait other than a walk, over 
any of the streets or alleys, shall be fined five dolars. 


31. No person shall drive a horse or other animal 
attached toa dray or any vehicle without springs at a 
gait faster than a walk, within the bounds of Twelfth 
and Wenzel streets, and Breckenridge and the river. 
Should the driver of any dray or other vehicle without 
springs be convicted of a violation of either the pro- 
visions of this ordinance, a fine of five dollars shall be im- 
posed on said driver; and in the event that said driver is 
not the owner of the dray or other vehicle driven con- 
trary to the provisions of this ordinance, an additional 
fine in the same amount shall be imposed on the owner 
thereof. 


32. If any person shall put or Keep hay, straw, or 
fodder, or grain in sheaf, stack or pile, within one hun- 
dred yards of any half acre lot, or in a dwelling house 
where fire is used; or shall use a light in a stable, except 
in a tin or glass lantern, he shall pay a fine of twenty 
dollars. But this does not apply to keeping provender 
in a stable or warehouse, nor to fixed gas lights. 


33. If any person shall hinder, or delay, or obstruct 
any fireman in the discharge of his duties during a time 
of fire, or alarm of fire, or shall at any time deface, break, 
injure, tread upon, or ride or drive over or upon any 
hose or other apparatus belonging to or used by a fire 
company, he shall be fined ten dollars. 


Ordinance, 
approved Oct. 
17, 1853. 


Ordinance, 
approved Oct. 
26, 18538. 


Ordinance, 
approved July 
9, 1859. 


Ordinance, 
approved Oct. 
31, 1851. 


Ordinance, 
approved Oct. 
29, 1853. 


280 


FINES AND MISDEMEANORS. 


Ordinance, 
approved Oct. 
31, 1853. 


Ordinance; 
approved Oct. 
31, 18533 


Ordinance, 
approved Oct. 
31, 1853. 


34. Each Street Inspector may enter any building or 
lot between sunrise and sunset of any day, except 
Sunday, for the purpose of examining fire places, hearths, 
chimneys, stoves, stove-pipes, ovens, boilers, kettles, or 
other apparatus or fixtures, which may be dangerous in 
causing or promoting fires, and should danger of the 
occurrence of fire appear, he may direct the owner or 
occupant to remove, alter, or amend the same in such 
manner and within such time as he may deem just. Any 
person who shall resist or obstruct the entrance of the 
Inspector into any premises as aforesaid, or who shall 
fail to comply within a reasonable time with his direc- 
tions, given as above authorized, shall be fined twenty 
dollars, and shall also pay a fine of ten dollars for each 
day during which such direction shall remain uncomplied 
with. 

39. Hearths shall be built on cast-iron, stone, or brick 
arches, where the back. of the fire-place exceeds three 
feet in width, the hearth shall extend at least twenty 
inches in front of the jambs, and when the fire- place is of 
less width than three feet the hearth shall extend not less 
than sixteen inches in front of the jambs. <A tight or 
close stove in any house shall have under it a platform of 
stone, brick, sheet-iron, zinc, or earth, extending at least 
twelve inches beyond all parts of the plate in front of the 
fire-door. A stove-pipe passing in or through a floor, 
partition, roof, or side of a house, shall be inclosed the 
whole of such passage in earthenware, or mortar, or tin 
casing filled with sand; and if passing through a window 
shall be enclosed with tin or sheet-iron. It shall extend 
two feet anda half beyond the roof or side of the house; _ 
and if through the side of the house, it shall be capped 
with a cross-pipe at least eighteen inches long, and no 
stove-pipe shall project into a street. If any person 
violate, or in constructing or using such hearths, stoves, 
or pipes, shall fail to comply with the above regulations, 
he shall be fined twenty dollars and costs. 


36. If any chimney shall take fire from not having 


FINES AND MISDEMEANORS. 


been properly cleaned or swept, the occupant of the 
house to which it pertains shall be fined five doHars. If 
any person shallset or put fire to a chimney to cleanse 
it, except in the day-time and whilst it is raining or there 
is snow on the house, he shall be fined four dollars. 


37. Whoever shall willfully and improperly interfere 
with, deface, destroy, or injure the Fire Alarm Tele- 
eraph, or any part thereof, or any of its appurtenances, 
or shall unlawfully do any thing to the same so as to 
prevent or delay or with a view to prevent or delay 
the proper and timely-use thereof, shall, for each offense, 
be fined not less than twenty-five nor more than one 
hundred dollars. It shall be unlawful for any one to 
open any of the signal-boxes, except with the keys fur- 
nished by the Superintendent of the Fire Alarm Tele- 
graph; and whoever shall violate the provisions of this 
Section shall be fined, for each offense, not less than five 
nor more than twenty-five dollars. It shall be unlawful 
for any one not authorized thereto by the properly con- 
stituted City authorities, to have made, or use, or keep 
any key with which to open at any time any of the signal- 
boxes; and for a violation of any of the provisions of 
this Section, the party offending shall be fined not less 
than twenty-five nor more than one hundred dollars for 
each offense, Parties fined under any of the provisions 
of either of the Sections of this ordinance, shall be con- 
fined in the City Workhouse until said fine shall be paid 
as provided and permitted by the City charter. 


38. Any person who shall injure or deface any public 
gas-lamp or post, or other public lamp or post, or any 
fixtures pertaining to any of the above, or shall, without 
authority, interfere therewith so as to light or extinguish 
the light, or to cause or prevent the escape of gas from 
such gas-pipes, or other fixture for conveying gas in the 
street, shall be fined not less than ten nor more than fifty 
dollars. 

39. No owner of geese shall permit them to run or 
range at large in the streets, alleys, lanes, or within the 


281 


Ordinance, 
approved May 
81, 1865. 


Ordinance, 
approved Oct. 
26, 1858. 


Ordinance, 
approved Dec. 
2, 1858. 


282 FINES AND MISDEMEANORS. 


City limits. Any person violating the first Section of this 
ordinance shall be subject to a fine of twenty-five cents 
for each goose permitted to run at large, recoverable by 
presentation before the City Court. 


nee 40. Any person who shall discharge a gun, pistol, or 

17, 1854. other fire-arms: or any person who shall set off a squib, 
cracker, or other fire-works, in any public place, or send 
up a paper balloon or sky-rocket, or throw a fire-ball 
within The City, shall be fined four dollars. 


Ordinance, 


ah ay 41. Any person who shall place any dirt, lime, rubbish, | 

29.1871. lumber, or any other thing in any gutter in or on any of 
the public ways of said City, so as to prevent the free 
passage of the water into and along the same, shall be 
fined not less than five nor more than twenty dollars. 


Ordinance, 42, It shall be unlawful to receive, have, or bring 
24.1873. Within the City limits fresh, raw, or green hides of any 
description; and further, that it shall be unlawful to re- 
ceive, have, or bring within said limits hides of any 
description unless they have been first dried or cured and 
salted. But this ordinance shall not be construed as pro- 
hibiting the bringing of fresh, raw, or green-salted or 
unsalted hides within the City limits for the purpose of 
immediate shipments, if such hides shall be at once taken 
to the place of shipment; and if not then shipped, said 
hides shall be again and at once removed without the 
City limits. And provided further, that this ordinance 
shall not be construed as apylying to regular butchers, 
whose slaughtering places are within the City limits, so 
as to prevent them from having, keeping, or receiving 
upon their said premises the hides of animals slaughtered 
by them: nor shall this ordinance be construed as apply- 
to tanneries within the City limits. For a violation of 
any of the provisions or terms of this ordinance the per- 
son or persons so violating shall, for each offense, be fined 
not less than ten nor more than one hundred dollars. 


SEEDERS 43. Any person who shall, in the street, run, race, or 

approved Oct. 

26. 1853. gallop a horse. mule, or ass, or start one for that purpose 
= > ? b) 


FINES AND .MISDEMEANORS. 


283 


or turn loose one that is bridled or saddled, or who shall, 
in a street or open lot, put a stud horse or ass to a mare, 
or use one as a teaser, or permit such animals to be so 
put in a street or open lot, shall be fined ten dollars. 


44, Any person who shall beat or otherwise injure or 
misuse a horse or other animal in an immoderate, cruel, 
or unnecessary degree, or who shall leave, or cause to be 
left, any wounded, maimed, diseased, or worn out horse 
or mule, on any street, alley, lot, or on the commons, to 
die a lingering death, shall, for each offense, be fined not 
exceeding fifty dollars. 


45. The General Council of The City of Louisville 
shall have power to pass ordinances to prohibit the 
storing or keeping within the City limits, except in such 
quantities and manner, and under such terms and regu- 
lations as may be prescribed by ordinance, articles as 
follows, viz: Camphene, petroleum, rock and earth oils, 
benzole, benzine, naphtha, uninspected oils, and any other 
articles of an inflammable or offensive nature, or which 
would endanger property or health, or be offensive or 
uncomfortable to the public or those residing or doing 
business in the neighborhood; and shall have power to 
provide for the removal of such articles from within the 
City limits at the cost of the owners of said property, 
upon which a lien is hereby created for the cost of such 
removal. And said General Council shall have power to 
impose fines to any amount to enforce a compliance with 
the provisions of any ordinance passed, as permitted by 
this act. ? 


46. No person shall retail gunpowder to minors under 
fifteen years of age, or free colored persons, without 
authority from his parent or guardian, or to slaves with- 
out authority from the master. Any person doing so in 
either case shall be fined twenty dollars. 


*As to whether a powder-house is per se an abatable nuisance, see 
* Dumesnil v. Dupont, 18 B. Mon., 800. 


Ordinance, 
approved Aug. 
25, 1867. 


an’ act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
4, 1865. 


Ordinance, 
approved Oct. 
17, 1858. 


284 


Ordinance, 
approved Oct. 
31, 1853. 


Ordinance, 
approved July 
13, 1861. 


Ordinance, 
approved Nov. 
19, 1872: 


FINES AND MISDEMEANORS. 


47. Any person who shall boil pitch, tar, rosin, varnish, 
or other inflammable substance, except to be done in 
vessels built into furnaces of brick or stone, and in an open 
place at least thirty feet from any fence, shed, or house, 
or else in a fire-proof house, shall be fined fifty dollars. 
The furnaces for the above purposes, that are or may be 
in the district bounded by Twelfth, Water, Campbell 
and Prather streets, shall have chimneys not less than 
forty feet high, with flues that shall carry off all the 
gases emitted in boiling. Any person who shall, in said 
district, keep a furnace for that purpose, without the 
above required chimneys and flues, shall be fined not less 
than five dollars, nor more than twenty dollars for each 
day. 


48. No one shall manufacture gunpowder or any other 
explosive substance used in fire-arms, within the limits 
of The City of Louisville, and if any one shall within 
said limits manufacture gunpowder or other explosive 
substance, he shall forfeit and pay not less than fifty nor 
more than one hundred dollars for each day he shall so 
manufacture the same. All such manufacturing estab- 
lishments shall be abated and removed in the same man- 
ner and by the some proceedings as other nuisances. It 
is understood that this ordinance shall not conflict with 
the manufacture or use of such chemicals heretofore 
manutactured in this City. 


49. No person shall erect, use, or occupy as a powder- 
magazine any house located within two hundred yards of 
any other building, nor then unless the house be fire-proof 
and fully protected from lightning, and inclosed within a 
fence at least twelve feet high, under a penalty of not less 
than fifty nor more than five hundred dollars. No person 
shall have in one house or place other than a powder maga- 
zine a quantity of gunpowder exceeding twenty-eight 
pounds, and not more than six and a quarter pounds in 
any one parcel, under a penalty of fifty dollars: Provided, 
that kegs of powder for sale or shipment may be kept in 


FINES AND MISDEMEANORS. 


28) 


store or elsewhere in The City during the day from dawn 
to sunset only. 


50. Persons guilty of petty larceny shall be punished 
by confinement in the City Workhouse not exceeding 
three months, and fined any sum not exceeding fifty 
dollars. 


51. If any person shall knowingly sell in any market- 
house, or the spaces connected therewith, anything for a 
greater than the true weight or measure thereof, he shall 
be fined not less than five nor more than twenty dollars 
for each offense. 


52. It shall be the duty of the Market Master and of 
the police of The City to arrest all persons who shall be 
guilty of any disorderly conduct by the use of vulgar or 
profane language, by fighting or quarreling in the market- 
houses or market spaces, or by obstructing the regular 
course of business for which the markets were designed; 
and all persons so offending and thus arrested shall, upon 
conviction, be fined not less than ten nor more than fifty 
dollars. All ordinances or parts of ordinances in conflict 
with this ordinance are hereby repealed. 


03. If any factory, tan-yard, brewery, distillery, or 
other establishment shall be created or continued so as to 
cause a nuisance to any person or to the public, the owner 
or occupant of the premises from which the nuisance 
proceeds shall be fined ten dollars for each day it con- 
tinues. ® 


04, No establishment for making coal-oil, grease, glue, 
refining of petroleum, or the manufacture of coal-oil or 
soap-grease, shall be erected within the limits of The City 


’ If the owner of real estate suffer a nuisance to be created or continued by 
another on or adjacent to his premises, in the prosecution of a business for 
his benefit, when he has the power to prevent or abate the nuisance, he is 
liable for an injury resulting thereform to third persons.— Matheny v. 
Wolffs, 2 Duv., 137. Certain pens in Covington, wherein were kept horses, 
mules, cattle, and hogs, were held to be nuisances notwithstanding said pens 


Ordinance, 
approved Mar. 
25, 1871. 


Ordinance, 
approved Novy. 
14, 1853. 


Ordinance, 
approved July 
18, 1863. 


Ordinance, 
approved Noy. 
14, 1853. 


Ordinance, 
approved June 
18, 1870. 


286 


Ordinance, 
approved Aug. 
TOLL 


FINES AND MISDEMEANORS. 


except under express permission of the General Council; 
and such permission shall not be granted unless it be ap- 
plied for in writing, setting forth the nature and objects 
of the proposed establishment, and signed by a majority of 
the persons owning property, as well as of those residing, 
on the square on which it is proposed to be erected. If 
any such establishment be erected and conducted without 
such permission, and within the district or boundary 
named in the first section of this ordinance, and so as to 
cause any unwholeseme or offensive matter or odor, the 
owner or occupant of such establishment shall be fined 
not less than fifty nor more than one hundred dollars for 
each day said establishment is continued as aforesaid. 


99. Any vacant lot or lots containing stagnant water or 


had been continuously kept for the purpose for thirty years; the pursuit of a 
noxious trade is lawful only so long as it does not interfere with the rights 
of the public and when such interference occurs no length of time can 
sanctify it as its exercise is a daily renewal of the offense—Ashbrook v. 

Yommonwealth, 1 Bush, 139. The rule is settled that offensive odors and 
smells of a loathsome trade, if detrimental to the comfort of those dwelling 
around and to passers-by, are a nuisance, and may be abated, although not 
actually producing disease—Jb. The court will not interfere by injunction 
when the nuisance sought to be abated or restrained is eventual or contin- 
gent, nor where the evidence is conflicting, and the injury to the public or to 
the individua! complaining doubtful.— Hahn and Harris v. Thornburg et al., 7 
Bush, 403. Private individuals seeking relief against a public nuisance must 
show that they suffer an injury distinct from that suffered by the general 
public, and that the injury is one that the public, in the promotion of the 
general interest, has not the right to inflict upon them without compensation, 
—Cosby and others v. O. § R. R. R. Co., 10 Bush, 288. Where a nuisance 
causes substantial injury to the dwellings around it, and affects the health of 
the residents, the chancellor will interfere by injunction to abate it, but a 
clear case must be shown to authorize it.—Lowisville Coffin Co. v. Warren and 
others, 78 IKy., 400. In this case the Court of Appeals laid down a general 
principle, as follows: “One living in a city must necessarily submit to the 
annoyances which are incidental to a city life. It must be recollected that 
manufacturing establishments are necessary and indispensable to the growth 
and prosperity of every city, and while the cleanliness and beauty of that 


part of a city adorned by costly edifices may be marred by the erection of. 


the foundery or the machine shop, and the comforts of life to some extent 
interfered with by the hum and noise of machinery, still the manufacturing 
interest upon which its prosperity depends requires protection, and individual 
comfort must yield to the public good.” Neither The City of Louisville nor 
the State of Kentucky can license a private nuisance, or take or encroach on 


~ hag 


FINES AND MISDEMEANORS. 


other matter or substance deleterious to health shall, upon 
the petition of two thirds of the property-owners, renters, or 
residents upon the fourth of the square or block in which 
said stagnant water or other matter or substance deleteri- 
ous to health exists or is located, be removed or abated, 
under the direction of the City Engineer, at the cost of 
the owner or owners of said lot or lots of ground contain- 
ing said nuisance as aforesaid. The City Engineer shall 
give the owner or agent of said lot or lots containing 
said nuisance three days’ notice for the abatement of 
same under his directions; and if the said owner or agent 
fail to abate the same as notified, then the City Engineer 
shall at once abate the same, the cost thereof recoverable 
from the said owner or owners or agent, or assessed upon 


private property without the owner’s consent or payment of his damages; 
nor can either government appropriate any street to any use to which it was 
not originally dedicated, without the consent of all those who have individual 
rights of property or franchises in the street or its uses. But the fact that a 
new use is made of the street, not inconsistent with its original purposes, 
will not entitle the owners or tenants of adjoining lots to compensation or to 
an injunction to prevent such new uses. The owners of lots in cities and 
towns purchase them subject to all advantages and disadvantages from 
changes occurring in trade, travel, transportation, e¢c., and a railroad in 
Louisville having been authorized by the legislature and the municipal goy- 
ernment, and being an improvement in many respects advantageous to The 
City and general public, and destructive of the private rights, special privi- 
leges, and franchises of no one, it can not be deemed a nuisance.—Lexington 
and Ohio Railroad Co. v. Applegate et al.,S Dana, 289. The keeping of a 
bawdy house being a public offense, every person who voluntarily aids in 
establishing a bawdy house should be deemed guilty of a misdemeanor.— 
Ross v. Commonwealth, 2 B. Mon., 417. The mere renting to another a house 
to be kept as a bawdy house is no offense unless it be so kept, nor is the act 
of selling a house to a known bawd an indictable offense-—Jb, The owner 
of a house may be legally responsible for a criminal use made of his house 
with his knowledge and consent, and especially to his profit—Ib. The 
facts that a lessor knew that the lessee was a bawd, that she did use his house 
with his knowledge and apparent concurrence as a public house of prostitu- 
tion, and that he derived ample profit for its occupancy, may authorize a 
jury to find the fact that it was the purpose of the lessor that the tenement 
should be used as a bawdy house, and that he was co-operator in the unlawful 
use made by the lessee——Jb. But one who rents a house which is during the 
time of the lease used as a bawdy house is not responsible, unless it was rented 
with a knowledge of the purpose for which it is used.—Frederick v. Com- 
“monwealth, 4 B. Mon., 7. 


287 


FINES AND MISDEMEANORS. 


Ordinance, 
approved Oct. 
21, 1875. 


Ordinance, 
approved Dec. 
2, 1858. 


Ordinance, 
approved Nov. 
14, 1853. 


the property containing the said nuisance as aforesaid; 
the same, with all the cost incident thereto, recoverable 
in the City Court. 


56. It shall be unlawful for any person to collect 
within the limits of this City any green, raw, or undried 
bones, whereby the air is rendered offensive or noxious. 
It shall be unlawful for any person to manufacture bone- 
dust or crush or grind bones whereby the air is rendered 
offensive or noxious within the limits of The City of 
Louisville. Any person violating any of the provisions 
of this ordinance shall be fined not less than twenty nor 
more than one hundred dollars for each offense. 


97. It shall be unlawful for any person to place or 
cause obstructions in the Ohio river within the limits of 
said City, without permission first obtained from the 
Wharfmaster or General Council, and when such per- 
mission shall have been obtained, or there shall be any 
obstruction without permission, it shall be the duty of 
the person so placing or causing such obstruction, to 
remove the same at any time he may be required to do so 
by the Wharfmaster of the General Council. Any 
person failing to comply with the provisions of this ordi- 
nance, shall be fined not less than five nor more than fifty 
dollars for each twenty-four hours said obstruction shall 
remain. 


98. When any pauper or sick person in destitute cir- 
cumstances shall be landed in The City from any steamboat 
or other vessel, the master or person in charge thereof shall 
immediately cause such person to be conveyed to and 
placed in some suitable and comfortable house, and shall 
also report the name and description of such person to the 
Mayor, and pay to the Treasurer to the credit of the fund 
for the support of the poor at least ten dollars for each 
such person so landed. If these things be not done at 
the landing of such person, the master and owners of 
such steamboat or other vessel shall be fined not less than 
twenty dollars, nor more than one hundred dollars, for 


FINES AND MISDEMEANORS. 


each person so landed. The same penalties apply to all 
persons who may in any mode bring into The City any 
such pauper or sick person in destitute circumstances, 
and fail to report and provide for him as above required. 


59. No privy shall be built without a vault at least 
twelve nor more than thirty feet deep, atid walled with 
hard brick; nor shall any part of the contents of any 
privy-vault be removed except by its being taken out of 
The City, or into the current of the river, in the night- 
time. Each privy shall be kept in proper condition at all 
times; and from the first of April till the last of October, 
shall be well sprinkled with lime at least twice in each 
month. Any owner or occupant of premises, on which 
any of the above regulations shall not be complied with, 
shall be fined ten dollars for each offense. 


60. It shall be unlawful for any one to convey or have 
conveyed any part of the contents of any privy-vault, or 
other vault containing offensive matter, through or along 
any of the streets or alleys of The City, and deposit or 
with a view of depositing the same at any place outside of 
the City limits near enough thereto to be offensive to any 
one within the City limits. It shall be unlawful for any 
one to deposit or have deposited any part of the contents 
of any such vault as described in the first Section at any 
place within the City limits, except in the current of the 
Ohio River. It shall be unlawful for any one to convey 
or have conveyed any part of the contents of any such 
vault as described in the first Section along any of the 
streets or alleys of The City, except in water-tight carts 
or vehicles, and between the hours of ten and four o’ clock 
at night: Provided, however, that the contents of any 
such vault as described in the first Section hereof may be 
removed at any time in inclosed water-tight carts, if the 
contents of such vault, before being removed, are first 
disinfected and deodorized; and after being thus rendered 
free from offensive smell, to the full satisfaction of the 
Board of Health, may be removed from such vault and 


deposited in such place or places as may be petitioned 
19 


289 


Ordinance, 
approved Nov. 
5, 1853. 


Ordinance, 
approved May 
18, 1872. 


290 


FINES AND MISDEMEANORS. 


Ordinance, 
approved Nov. 
TPetsoa: 


Ordinance, 
approved . Oct, 
1 (M853. 


Ordinance, 


approved Oct. 


17, 1853. 


Ordinance, 
approved May 
28, 1870. 


for by all of the property-owners and residents within 
fifteen hundred feet of the proposed place of deposit, 
and not otherwise. Whoever shall violate any of the 
provisions of this ordinance shall be fined for each offense 
not less than ten nor more than one hundred dolars. 


61. Any person who shall injure, damage, befoul, or 
deface the Courthouse or Jail, or a market-house, hos- 
pital, university, college, seminary, or school-house, 
church, or place of public worship, or any property, fur- 
niture, fixture, fence, or inclosure pertaining to either, 
or any tree, shrub, or plant on public ground, or any box 
or plant thereon, or any public pump, post, or other pub- 
lic property, shall be fined not less than two nor more 
than five dollars for each offense. 


62., Any person who shall, without legal authority, dig, 
break, displace, or injure any pavement, curbing, or 
other work on a street, wharf, alley, or sidewalk, shall 
be fined five dollars. 


63. Any person who shall dig or take any sand, gravel, 
or earth from any street without the permission of the 
Council, shall be fined five dollars for each cart-load of 
earth, sand, or gravel [taken] without such leave. 


64. Within ten days from and after the passage of this 
ordinance no person or persons shall throw or lay any 
ashes, offal, vegetables, garbage, cinders, shells, straw, 
shavings, glass, dirt, old hoops, or rubbish of any kind 
whatever, nor allow any noxious or impure liquid to run 
or flow into or upon any paved street, alley, or public 
place in The City of Louisville. But all garbage, vege- 
tables, and noxious and impure liquids and offal shall be 
placed in a water-tight vessel or vessels, and all ashes, 
shells, cinders, dirt, and rubbish of every kind shall be 
placed in a vessel or vessels; and all such vessels, whether 
of ashes, e¢c., or garbage, etc., shall be kept in a con- 
venient place for removal by the party or parties 
authorized by The City to remove them. Any person 
maliciously turning over or upsetting any tub, box, 


FINES AND MISDEMEANORS. 


291 


bucket, half-barrel, or other vessel as aforesaid, thereby 
spilling the contents or any portion of them on any 
street, alley, or public place, shall on conviction thereof 
be fined as provided for in Section 3 of this ordtnance. 
All boxes or other receptacles provided for in the pre- 
ceeding section shall be placed, between the hours of 
sunrise and ten o'clock A. M., at such time as may be 
fixed by the party whose duty it is to remove the same, 
in front of the property of the resident thereof; on 
Mondays, Wednesdays, and Fridays on all paved streets 
and alleys running north and south; on Tuesdays, Thurs. 
days and Saturdays on all paved streets and alleys 
running east and west; and upon all the street sidewalks 
or upon the alleys, as the case may be. If upon the 
sidewalk, they shall be placed within one foot of the 
curbstone thereof; and all such boxes or other receptacles 
shall be removed within one hour ‘after they shall have 
been emptied, as provided for in this ordinance; and the 
same, though they should not have been previously 
emptied, shall not be allowed to remain upon any street, 
alley or public place after the hour of ten o’clock A. M. 
The violation of any of the provisions of this ordinance 


shall be a misdemeanor, and shall be punishable by a 


fine of not less than one nor more than ten dollars. 


65. It shall be unlawful for any street-railway car to 
be hauled or moved on any of the public ways of said 
City other than on the regular rails and tracks of said 
railway company. And when, from unavoidable acci- 
dent, a car is thrown from the tract it shall be the duty 
of said railway company to cause the same to be lifted 
back on to the railway track. Any company or person 
violating the provision of the first Section hereof shall be 
fined for each offense not less than five nor more than ten 
dollars. 


66. Any person or persons who shall obstruct or en- 
cumber any street, sidewalk or street-crossing, or other 
public place of The City, by lounging or loitering in or 
about the same after having been requested to move on 


Ordinance, 
approved Sept. 
SUSAR AI. 


Ordinance, 
approved Sept. 
22, 1883. 


292 


Ordinance, 


approved June 


UT, Stee 


Ordinance, 
approved May 


31, 1875. 


Ordinance, 


approved 
31, 1853. 


Oct. 


FIN#S AND MISDEMEANORS. 


by any police officer, shall be subject to a fine of five 
dollars for each ofiense. 


67. It shall be unlawful for any person to be or remain 
on any step of any street-car while said car is in motion 
on any of the streets of The City of Louisville. Any 
person found violating the provisions of Section 1 of this 
ordinance shall be fined two dollars for each offense. 


68. It shall be unlawful for any person or persons to 
injure, damage, or destroy, either by barking, peeling, 
chipping, bending, or in any manner disturbing the 
healthy growth or thrift of any of the shade-trees along 
or upon any of the sidewalks, streets, or public ways of 
The City, or in any way to injure, damage, destroy, or 
pull down any box or guards placed around said trees for 
their protection. Any person or persons violating the 
provisions of this ordinance shall be fined not less than 
five nor more than twenty dollars: Provided, that this 
ordinance shall not prevent the owner or owners from 
trimming or removing shade-trees at ‘their pleasure. It 
shall be the duty of the police force of The City to rigidly 
bring to justice every offender or violator of this ordi- 
nance. 

69. No animal shall be slaughtered except in a house or 
place which is paved on solid earth with brick or stone pave- 
ment, descending so as to convey the blood or offal to a 
tub, which shall be emptied, washed, and the place 
cleansed at the end of each day of killing, or in a house 
or place equally well guarded against collecting filth or 
offensive matter, under a penalty of ten dollars for each 
offense. Slaughter-houses shall be whitewashed at least 
once a month between the first days of April and Novem- 
ber, every year, and any occupant thereof failing so to 
do in any month as above required, shall be fined twenty 
dollars. 4 


4A owned a slaughter-house which he had been working as such for 
twenty years, when five neighbors brought an action against him for a 
nuisance and asked an injunction. Held, that an indictment is the proper 


ee ee Ee eee 


OE a 


—s 


Eee eee lee 


FINES AND MISDEMEANORS. 


293 


70. From and after the passage of this ordinance and 
its approval by the Mayor, that any plumber or other 
person engaged in laying gas or water pipes in the streets 
of The City, shall, before commencing such work, enter 
into bond before the Mayor, in the sum of one thousand 
dollars, with good and sufficient security, that they will 


leave the streets in as good repair as when they found 


them. Any plumber or other person excavating the 
streets for the purposes indicated in the first Section of 
this ordinance, before executing bond as provided, shall 
be fined not less than fifty dollars for each offense, 
recoverable as other fines are collected before the police 
court; and in case such persons do not properly repair 
the streets after such work, after having been notified by 
the Mayor, they shall be fined ten dollars for each day 
after such notification. 


71. Any person who shall buy, or sell, or manufacture 
anything on the Christian Sabbath day, shall be fined not 
less than five dollars nor more than one hundred dollars, 
and shall be taxed an attorney’s fee, as in case of misde- 
meanors: Provided, that this does not apply to tavern 
keepers and apothecaries in their business as such, nor 
to such persons as do, in good faith, observe some other 
day of the week as a Sabbath, and refrain from buying, 
or selling or manufacturing on such day. 


72. No person shall hereafter sell, buy, or weigh cattle, 
hogs, or sheep in The City of Louisville on the Christian 
Sabbath day, and on conviction thereof, such person 
shall be fined ten dollars and costs of suit by the City 
Court of said City. The proceedings against such 
persons shall be by warrant. But this ordinance shall 


remedy for a common nuisance, and an individual is entitled to an injunction 
only when he shows special injury; yet the fact that the injury complained 
of was common to the five plaintiffs did not make it a public nuisance.— 
Seifried v. Hays and others, Decided by the Court of Appeals, November 1, 1883. 
The fact that the nuisance was originally built remote from human habita- 
tion, and plaintiffs have since put up their dwellings, is no defense in an 
action seeking to enjoin the further continuance of a nuisance.—Jb. 


Ordinanee, 
approved June 
30, 1863. 


Ordinanee, 
approved Nov. 
5, 1853. 


Ordinance 
approved Dec. 
31, 1858. 


294 


==! Ordinance, 
approved May 
9, 1882. 


Ordinance, 
_ approved June 
19, 1882. 


Ordinance, 
approved Oct. 
26, 1858. 


Ordinance, 
approved Dec. 
LYsisop: 


Ordinance, 
approved June 
20, 1857. 


FINES AND MISDEMEANORS. 


not apply to or affect any person who conscientiously 
observes as the Sabbath day any other day of the week. 


73. It is hereby made unlawful for any person other 
thana member of the regular police force of said City, 
Marshal of the City Court, and his deputies, at any time 
to wear a ‘‘star’’ or any imitation thereof. Any person 


Violating the provisions of this ordinance shall be deemed 


culty of a misdemeanor, and shall be fined ten dollars 
for each offense. 


74, All persons able of body to work and not having es- 
tate or means otherwise to maintain themselves, who refuse 
or neglect to do so, live a dissolute, vagrant life, and exer- 
cise no ordinary calling or lawful business sufficient to 
gain an honest livelihood, shall be deemed guilty of 
vagrancy and shall be arrested, and upon conviction 
thereof be fined twenty dollars. 


70. If any driver of a vehicle shall be more than ten 
feet from the horses or other animals harnessed in the 
vehicle then under his charge, or shall crack a whip or 
make other noise calculated to frighten such animal in 
harness, or shall stand with other drivers in numbers, so 
as to obstruct free passage on sidewalk or street, or shall 
stand his vehicle near a tavern or railroad depot, so as to 
prevent free access thereto by other person or vehicle, or 
shall so drive as to endanger life or limb of any person, 
he shall be fined ten dollars. 


76. All drivers of teams and vehicles in The City of 
Louisville, who shall be found out of the reach of the 
reins attached to said teams and vehicles when in motion, 
shall be fined not less than ten dollars nor more than 
twenty dollars, and the fines collected be placed to the 
credit of the public school fund. 


77. Authority is hereby given to the collector or other 
person in charge of the ferry-boats passing from Louis- 
ville to Jeffersonville, to reguate and control the wagons, 
drays, and other vehicles, as to the time and manner of 
going on and off the said boats, and the place and posi- 


FINES AND MISDEMEANORS. 


995 


tion they shall occupy whilst on said boats. It shall not 
be lawful for wagons, drays, or other vehicles to so crowd 
together on the wharf of said City, near said ferry land- 
ing, as to obstruct the passage to and from the landing 
of said boats; and any person who shall so obstruct the 
said passage, or shall refuse to take the position on said 
boats assigned by the said collector or other person in 
charge, or shall refuse to be controlled by him as ‘to the 
time and manner of going on and off said boats, shall be 
liable to a fine of not less than five dollars nor more than 
ten dollars, and costs of prosecution. 


78. Any person or persons who shall, within the City 
limits, willfully and unlawfully waste or use, or permit 
to be unlawfully wasted or used, the water of the Louis- 
ville Water Company, shall, for each offense, be fined 
not less than five dollars nor more than twenty dollars; 
and it is hereby made the duty of the policemen of The 
City to give information to the proper authorities against 
all persons known to them to have violated the provisions 
of this ordinance, and to furnish the names of such 
witnesses as they may know, or may have reason to 
believe can prove the truth of the charge, and to use 
their best exertions to have a speedy, full, and impartial 
investigation on the prosecution for the alleged offense. 


79. It shall be unlawful to throw or deposit any article 
or substance whatever in the reservoirs, or either of them, 
or do anything, or be guilty of any act that willin any way 
affect the quality or purity of the water in said reser- 
voirs, or either of them. It shall be unlawful for any 
person to deface or injure any of the buildings, ma- 
chinery, shrubbery, fencing, or other improvements or 
property of the Louisville Water Company on the lands 
of said Company, or any of the plugs, hydrants, key- 
boxes, or service attachments of said Company upon the 
streets, alleys, or public ways of The City. It shall be 
unlawful for any visitor to walk, ride, or drive on or 
through the grounds of said Water Company except 
upon the ways provided for such use, and then only sub- 


Ordinance, 
approved May 
24, 1865. 


Ordinance, 
approved June 
25, 1884. 


296 


FINES AND MISDEMEANORS. 


ject to the rules established by said Water Company. 
Any person guilty of violating any of the provisions of 
this ordinance shall be fined not less than ten nor more 
than twenty dollars for each offense. 


BG= See CouRTS OF LAW— BUILDINGS— GENERAL CoUNCIL—HEALTH — 
INSPECTION, WEIGHTS, AND MErAsSuRES— LicENSE— MARKETS— POLICE 
—PuBLic WAYS— REGISTRATION — V EHICLES— WHARVES AND HARBORS. 


CHAPTER XXIV. 


FIRE. 


CO WAL EN I S:, 


_ 1. Authority for the establishment 
and maintenance of a Fire Depart- 
ment. 

2. The Chief Engineer of the Fire 
Department; election and term of 
office, bond and oath. 

3. Election by the Council. 

4. Duties and salary of the Chief; 
his appointees and their qualifications. 

5. The salary of the Chief regu- 
lated by legislative act. 

6. The retirement of old and dis- 
abled firemen on half-pay. 

7. Conditions of such retirements. 

8. Provision restricted to those who 
do actual fire-service. 

9. Pay-roll of retired members. 

10. Duties of the Chief. 

11. To be present at all fires and 
superintend the extinguishment 
thereof. 


12. Clothed with police power in | 


matters relating to the Department; 
and may employ extra force of fire- 
men. 

13. Residence of persons connected 
with the Department. 

14. Monthly reports of the Chief; 
pay-roll. 

15. Fire inspection. 

16. Regulation of fire companies 


going to and from fires; and leaving 
The City. 


17. Obedience to the Mayor and 
Council. 


18. Time bells. 


19. Of what the Department shall 
consist. 


20. Organization and service of 
companies. 

21. All members of the Department 
to give bond to The City. 

22. Neglect of duty on the part of 
the Chief; removal; vacancy in 
office. 

23. Regulation of Hook-and-ladder 
Companies. 

24. Absence and interfering with 
elections as causes for dismissal of 
members. 


25. General qualifications of mem- 
bers. 

26. Horse-feed for the Department. 

27. The selling and buying oft 
horses. 

28. The Fire-alarm Telegraph, and 
the duties of the Chief in respect 
thereto; employes of this branch of 
the service. 

29. The repair, hose, and harness 
shop. 


30. The removal of employes for 
cause and their right of appeal. 


31. Time of election of the Chief 
Engineer of the Fire Department. 


The charter 


1, The General Council shall provide by ordinance for sp eae act 
DEVe  WeCS 


the establishment and maintenance of a Fire Depart- et seg. 


298 


Ana CLT 0 
amend an act 
entitled An act 
establishing a 
new charter for 
The Oity of 
Louisville, 
approved Mar. 
38,1870. Ap- 
proved April 
21 ASTS. 

The charter 
act of March 8, 
1870. Sec. 1038. 


An act to 
amend Section 
103 of an act 
entitled “An 
act establishing 
a new charter 
for The City of 
of Louisville, 


FIRE. 


ment, with such force and such organization thereof, and 
such apparatus, engines, and all things necessary for 
efficient service, and such buildings for the use of said 
Department as the General Council may deem sufficient; 
and provide against fires from defective fire-places, flues, 
chimneys, furnaces, or other causes, insecure walls and 
dangerous buildings of every kind. 


2. At the first recular election for City officers provided 
for herein there shall be elected by the qualified voters 
of The City of Louisville a Chief Engineer for the Fire 
Department,! whose term of office shall be two years, 
and until his successor is elected and qualified, who shall 
give bond and surety and take such oath for the faithful 
and efficient performance of his duties as may be required 
by ordinance. 


3. From and after the current term of the office of the 
present Chief Engineer of the Fire Department of The 
City of Louisville that official shall be elected by the 
General Council of said City upon a joint v/va-voce vote, 
and any law in conflict herewith is hereby repealed so 
far as it relates to this act. 


4. The duties of the Chief Engineer shall be defined by 
ordinance, and the amount of his salary shall be not more 
than two thousand dollars per annwm.? The other 
employes of said Department shall be appointed by the 
Chief, subject to approval or rejection by the General 
Council; they shall be citizens of the United States, over 
twenty-one years of age,and shall each give bond and good 
surety for his competency and the faithful and efficient 
performance of his duties, which shall be fixed by ord1- 
nance and rules made by the Chief, not to conflict with 
any law or ordinance. 


5. Section 103 of an act entitled ‘‘An act establishing 
a new charter for The City of Louisville,’ approved 


1See the next succeeding Section. 
2 See the next succeeding Section. 


FIRE. 


299 


March 8, 1870, is hereby so amended that the General 
Council of The City of Louisville shall have power, after 
the first day of January, 1877, to increase the salary of 
the Chief Engineer of the Fire Department to any sum 
in its discretion, not to exceed twenty-five hundred 
dollars per annum. 


6. The General Council of The City of Louisville, or 
any other authority that may now or hereafter have 
control or management of the Louisville Fire Depart- 
ment, have full power and authority to retire on pay, 
amounting to one half the sum received as full pay at 
the time of retirement, any member of said Fire Depart- 
ment who may haye become unfitted for active service 
by reason of old age or permanent disability received by 
accident while in the discharge of duty. 


7. No member of the Fire Department shall be entitled 
to the benefits of this act unless it can be clearly shown 
that the member applying for such benefit is permanently 
disabled, such disability was caused by accident while 
the party was free from the influence of intoxicating 
liquors, and had been for a period of twenty years next 
preceding his application for retirement an active mem- 
ber of the present Fire Department. 


8. This act shall in no way apply to any employe of 
the Fire Department except those who do actual fire- 
service. 


9. The salaries of all retired firemen shall be paid in 
monthly installments on the regular monthly pay-rolls 
of the Fire Department, under the head of ‘‘ retired 
member,’ and to be provided for out of the Fire De- 
partment. 


10. The duties herein assigned shall be fully complied 
with by the Chief Engineer. 


11. He shall be present at all fires when practicable, 
and see that a proper application is made of the means 
at his control for the extinguishment thereof. 


Approved Mar. 
8, 1870. Ap- 
proved March 
20, 1876. 


An act for 
the benefit of 
old and dis- 
abled firemen 
of The City of 
Towis ville. 
Approved Apr. 
15, 1882. 


Ordinance, 
approved. July 
15, 1878. 


300 


FIRE. 


12. He is hereby clothed with full police authority in 
all matters relating to the Department, and should an oc- 
casion occur that those belonging to the department are 
not sufficient to check the progress of the fire, protect 
surrounding property, and maintain order, he may, for 
the time being, employ an additional force, and report 
the names of all persons thus employed to the General 
Council, to whom compensation may be allowed for such 
Services. 


13. He shall require all persons connected with the De- 
partment to reside within a convenient distance of the 
engine-house of their respective companies (which may 
hereafter be connected with the Department). 


14. It shall be the duty of the Chief Engineer to make 
a full and complete report to the first regular meeting of 
the General Council in each month of the persons on 
duty in the month ending with the day of report, in their 
respective capacities, the number of days each performed 
duty, the amount of pay due to each, and such other 
expenses as have been incurred during the month. Said 
report shall be made under oath. Upon the approval by 
the General Council of a report of the Chief Engineer, 
and allowance of pay and expenses upon the report, it 
shall be the duty of the Auditor to draw his warrant upon 
the Treasurer in favor of the parties named in said pay- 
roll for the full amount of the pay and expenses thus 
allowed, in accordance with Section 6 of an ordinance 
entitled ‘‘An ordinance prescribing the manner in which 
claims against The City of Louisville shall be made.” ® 


15. He is hereby authorized, and it is made his duty, 
to visit any house, yard, or premises in The City wherein 
itis known or supposed that any character of fixtures 
exist which may be dangerous in causing or promoting 
fires, and on examination thereof should any such danger 
appear he shall direct, in writing, the owner, agent, or 


8 See Chapter xiil., ate. 


FIRE. 


301 


occupant of the premises containing such fixtures to 
remove, alter, or amend the same in such manner and 
time as he may deem reasonable and just. 


16. He shall not permit racing to or from fires, and if 
more than one company proceed on the same street to a 
fire they shall go in single file. No company shall leave 
The City to attend a fire ina neighboring town without 
the consent of the Chief, nor on an excursion unless by 
permission of the General Council. 


17. He shall obey the orders of the Mayor and such 
regulations as may from time to time be adopted by the 
General Council. 


18. He shall cause the bells to be rung at 7 A. M., 12 
mM. 1P.M., 6 P. M., and at 10 P. M. 


19. The Fire Department herein established shall con- 
sist of as many companies (whether of steam fire-engine, 
chemical engine, or hook-and-ladder companies) as the 
General Council may from time to time designate. 


20. The companies for steam fire-engines shall consist 
of one captain, one engineer, one fireman, one pipeman, 
and two drivers, to be appointed by the Chief Engineer, 
with the approval of the General Council. All persons 
connected with the steam fire company shall be on per- 
manent duty at their respective engine-houses. 


21. All members of the Department shall give bond, 
with good security, for their competency to perform the 
duties they assume, and that they will faithfully perform 
said duties and such duties as are or may be from time 
to time prescribed, said bonds to be executed to The 
City of Louisville, and to be approved by the General 
Council. 


* For injuries caused by the negligence of firemen, appointed and paid by 
The City, when engaged in the line of their duty, The City of Louisville, 
being required by law to establish and maintain a Fire Department, is not 
liable.-—Greenwood v. Louisville, 13 Bush, 226. 


FIRE. 


22. For neglect of duty on the part of the Chief 
Engineer, charges may be preferred against him to the 
Board of Aldermen, in accordance with the provisions of 
Section 8 of the City charter, and if the charges are 
maintained, the said Board of Aldermen shall declare 
the office vacant. In the event of vacancy in the office of 
Chief Engineer from any cause prior to the expiration of 
the term for which he had been elected, the General 
Council shall fill the vacancy. 


23. The hook-and-ladder companies shall consist of 
ohe captain, one driver, one steersman, one fuel-cart 
driver, and three laddermen, who shall be on permanent 
duty at the hook-and-ladder houses, and perform such 
duties as the Chief Engineer or his assistants may direct. 
The captains of the hook-and-ladder companies shall also 
act as assistants to the Chief in the discharge of his 
duties, and in case of fire, and in the absence of the Chief 
Engineer, the captain of the district in which the fire 
occurs shall assume and have full charge of the Depart- 
ment. The Chief of the Fire Department shall appoint 
six laddermen, who shall be on permanent duty, and they 
shall receive the aggregate amount heretofore paid the 
privates and hosemen, in monthly installments to each, 
according to the pay-roll, when approved by the General 
Council. The hook-and-ladder companies to be located: 
one at the engine-house on Market Street, between 
Seventh and Highth, the other on Hancock Street, be- 
tween Market and Jefferson, or at such other places as 
the General Council may direct. 


24. Any officer or other member of the Department 
who shall have been absent from one fourth of the fires 
during the month shall be dismissed, unless such non- 
attendance has been caused by sickness of himself or 
family; and should any officer or member, or other per- 
sons employed in any capacity in the Fire Department, 
interfere with elections further than to vote, he shall be 
immediately dismissed by the Chief Engineer, and, on 
his failure to discharge such person, the Mayor shall pro- 


a - 


FIRE. 


ceed against said Chief Engineer as directed in Section 
13 of this ordinance. ® 


25, All persons belonging to the Fire’ Department shall 
be white citizens of the United States and qualified voters 
of The City of Louisville. 


26. The Mayor and Joint Committee’on Fire Depart- 
ment shall advertise for proposals to furnish the Fire 
Department with horse-feed in quantities to last one or 
three months, such feed to be delivered as wanted by 
said Department, the said bids to be confirmed%by the 
General Council. 


27. The Fire Department committee, or a majority of 
said committee and the Chief Engineer, shall have the 
power, and they are hereby vested with the authority for 
and in the name of The City, yet at all times subject to 
the approval of the Mayor, and at any time, and from 
time to time, as they may deem advisable, to sell and dis- 
pose of any horses belonging to the Department; also to 
buy horses for said Department, the proceeds of sale to 
be at once paid into the City treasury to the credit of the 
general fund. 


28. The Chief of the Fire Department shall take charge 
of, superintend, control, protect, and preserve the fire- 
alarm telegraph, and see that the same is at all times kept 
in proper working order, and to make such rules and reg- 
ulations as in his judgment may be proper to be observed 
in the management, care, and working of the same. The 
employes of this branch of the Fire Department shall 
consist of three telegraph operators, one line-repairer, 
and one assistant line-repairer, who shall be appointed 
by the Chief and be subject to all the rules and regula- 
‘tions governing other members of. the Department. | 


29. The Chief of the Fire Department shall also ap- 
point a competent party to take charge of the repair, 


5 Section 22, preceding. 


308 


304 


Ordinance, 
approved Nov. 
8, 1878. 


FIRE. 


hose, and harness shop, with not exceeding two assist- 
ants, who shall be subject to all the rules and regulations 
governing other employes of the Fire Department. 


30. Any employe of the Fire Department may be re- 
moved by the Chief Engineer for incompetency, neglect 
of duty, or other satisfactory cause; but any employe so 
removed or dismissed may appeal to the Mayor and joint 
committee on Fire Department, and, if the action of the 
Chief Engineer be not sustained, they may restore him 
at once to his place. 


31, The Chief Engineer of the Fire Department shall 
be elected by the General Council of said City in joint 
session on the first Thursday after the first Tuesday in 
December, 1873, and on that day every two years there- 
after; said officer to hold until his successor is elected 
and qualified. 


kes See AUDITOR — BUILDINGS — FINES AND MISDEMEANORS — OFFICES 
AND OFFICERS — PoLice — WATER. 


5 en Be el ge Bl hd wa ONY 


GAS. 


COIN eka NG Loire 


1. The Louisville Gas Company, 
chartered ; proviso. 


2. Incorporation; corporate pow- 


3. Capital stock. 

4. Duties, rights, and privileges. 
5. Extension to Portland. 

6. Extensions in general. 

7 


. The laying of pipes, ete. 


Sa 


City lamps, cost, etc; charges 
to consumers. 

9. Inspectors. 

10. Penalties for disturbing the 
works. 


11. Directors, president; elections, 
vacancies, etc. 


12. Stock made personal estate; 
how transferred. 


13. Proceedings of the board. 

14. Misconduct of officers. 

15. Compensation. 

16. Report and forfeiture to the 
State. 

17. Jurisdiction of forfeiture. 

18. Taxation. 

19. The City may purchase the 
works ; proviso. 

20. Amendment. - 

21. Second amendment. 


22. Third amendment; option of 
holders of fractional shares. 


23. When main-pipes shall be ex- 
tended. 


24. Public lamps. 
25. The City’s stock. 
26. Exclusive franchise. 


27. Alteration of charter; condi- 
tion. 


2() 


28. Fourth amendment; increase 
of stock. 


29. Authority to purchase stock of 
other gas companies. 


30. The City may sell its stock 
conditions. 


31. Repealer; effect; concurrence 
of the Council. 


32. New charter of April 30, 1884; 
reincorporation; limitation. 
38. Corporate powers; stock, etc. 


34. Power to manufacture and 
vend gas. 


35. Rights and privileges; ability. 

36. Capital stock. 

37. Semi-annual statements. 

38. Directors; president; elections. 

39. Deferred elections. 

40. Employment of agents. 

41. Inspector; duties. 

42. Proceedings of meetings. 

43. Embezzlements; punishment. 

44. Protection of the Company’s 
property; punishment. 

45. The City’s option of purchase; 
sale of City’s stock. 

46. The successor of the old Com- 
pany. 

47. No exclusive rights or privi- 
leges; taxation. 

48. Not to be consolidated. 

49. The Citizens’ Gas-Light Com- 


pany incorporated; incorporators ; 
corporate powers, efe. 


50. Capital stock. 

51. Rights and privileges. 

52. Rights as to public ways. 

53. Stock declared to be personal 
estate. 


306 


GAS. 


54. Directors, president; election, 
ete. 
55, Officers and the affairs of the 
Company; compensation; dividends. 

56. Service of legal process. 

57. Power to issue bonds. 

58. Protection of the Company’s 
property. 

59. Prevention of frauds. 


62. Amendment; increase of cap- 
ital stock; bonds. 


63. May buy or hold stock in other 
gas companies. 

64. Exempted from City taxation; 
proviso. 

65. Expiration of the exemption. 

66. Rights granted by the Council; 


An act to ex- 
tend the char- 
ter of the Louis- 
ville Gas Com- 
p2ny,.. Aw 
proved Jan. 30, 
1867. 


conditions. 
60. Inspector. 
61. Effect of the act; limitation. 


67. The City exempted from cer- 
tain liability. 


1. The following charter is granted to the present Louis- 
ville Gas Company, to take effect at the expiration of the 
present charter, on the first day of January, 1869: Pro- 
vided, The City of Louisville does not exercise its privi- 
lege to purchase the same in accordance with the terms 
set forth in Article 18 of the present charter. 1 


2. A company shall be, and is hereby incorporated, 
with a capital of fifteen hundred thousand dollars, to be 
divided into shares of fifty dollars each, to be owned by 
individuals, companies, and corporations; they and their 
successors and assigns shall be, and they are hereby, 
created a body politic and corporate, by the name and 
style of the Louisville Gas Company, and shall so con- 


1The By-Laws adopted by the directors of the Louisville Gas Company, 
and in force July 1, 1884, are as follows: 

Article I. The office of the Company shall be open for ordinary business 
from eight o’clock a.M. to five o’clock p.m. from April 1st, to October Ist, 
and from nine o’clock A.M. to four o’clock p. M. from October 1st to April 1st 
every day in the year, except Sundays and legal holidays. 

Art. IT. There shall bea regular meeting of the stockholders of the Com- 
pany called for the first Monday in January of each year, at such time of 
that day, at the office of the Company, as the directors shall determine, for 
the election of directors, which election shall be conducted by judges chosen 
for that purpose by the existing board of directors. At such annual meeting 
there shall be elected five directors to manage the business of the Company 
for the ensuing year. Notice of the annual meeting for the election of 
directors shall be given by advertisement in one or more newspapers of 
Louisville for ten days previous to the day upon which the election is held. 

Art, IIT, Each board ot directors, at their first meeting, or as soon as 
practicable thereafter, shall elect a president, vice-president, and such other ; 
officers as may be deemed necessary. And at the same meeting the president 


GAS, 

tinue for twenty years from the first day of January, 
1869; and by that name and style, under the restrictions 
hereafter prescribed, shall be capable to contract and be 
contracted with, sue and be sued, plead, answer, and 
defend, in all courts and elsewhere, as natural persons; 
and may have and use a common seal, and change, 
alter, and renew the same at pleasure; and may ordain 
and put in execution such by-laws, rules, and regulations, 
for the good government of said Company, and for the 
efficient management of its affairs and prudential con- 
cerns, as may be deemed expedient, not contrary to the 
constitution or laws of this State or of the United 
States. 

3. The capital of fifteen hundred thousand dollars shall 
consist, first, of the stock of the present Louisville Gas 
Company, on the thirty-first of December, 1868, at par 
value; secondly, of the contingent fund and undivided 
profits that the same Company may own at the expiration 


shall appoint an executive committee, finance committee, and committee on 
works. Each of these shall consist of three members, and a majority thereof 
shall form a quorum capable of transacting business. The first named on 
each committeeshall be chairman of same. 

Art. IV. The duties of the executive committee shall be those of an 
advisory board to the president in all matters relating to the interest of the 
Company. 

Art. V. The duties of the finance committee shall be to aid the president 
in the financial management of the Company. 

Art. VI. The duties of the committee on works shall be to aid the president 
in all matters appertaining to the works. 

Art. VII. The president, vice-president, and members of committees shall 
hold their respective offices until their successors are elected and qualified. 

Art. VIII. The stated meetings of the board shall be held at the office ot 
the Company at four o’clock P.M. on the second Monday of each month in 
the year, and a majority of the directors shall be a quorum. 

Art. IX. The board shall, at least once in each year, employ one or more 
qualified experts to thoroughly examine and report as to the correctness and 
manner in which the books and accounts of the Company have been kept for 
the current year. 

Art. X. The president shall be, ex-officio, a member of every committee 
appointed by the board of directors. It shall be his duty to attend at the 
office of the Company to take charge; to preside at the meetings of the 
board of directors; to convene the board or committees whenever, in his 
opinion, the affairs of the Company require it, or upon the request of two or 


B07 


308 


GAS. 


of its present charter, said fund to be capitalized pro rata 
for the benefit of the present stockholders, except frac- 
tional parts of shares, which shall be paid in cash; and, 
thirdly, new stock may be issued and sold by the new 
Jompany when required, to the extent of the capital 
stock; the sales to be made at public auction, after ten 
days’ notice in the City papers. Should such stock be 
sold above its par value, such excess shall not be capital- 
ized or divided among the stockholders, but be employed 
in the first extensions made by the Company after the 
sale of said stock. 

4. Said Company shall keep an office in The City of 
Louisville, and its business shall be to make and furnish 


gas to The City of Lonisville, and residents thereof, and 


vend the same; and said Company shall have the right 
to purchase and hold such real and personal property as 
may be necessary, proper, or convenient in the carrying 


on and transacting its said business. 


more members of the board; he shall sign all cheques and affix, or have affixed, 
the seal of the Company to, and sign all certificates of stock, contracts, etc. He 
shall have charge of the bonds of all of the officers of the Company, and at 
the first meeting of each successive board submit said bonds to the board for 
approval. He may, at his option, sue, settle, or compromise all accounts, 
allow or disallow claims, provided the amount does not at any one time 
exceed twenty-five dollars. He shall have general direction and supervision 
over the affairs of the Company, its officers and employes, with power of 
removal as to subordinate employes and suspension of heads of departments, 
consisting of treasurer, secretary, superintendent, assistant engineer and 
isnpector, and see the By-Laws strictly carried out. He shall have prepared 
a list of the names of the stockholders at least ten days prior to each annual 
election for the inspection of stockholders and their legal representatives, and 
shall at the proper time transmit to the Mayor a list of stockholders eligible 
as directors on the part of The City. He shall have prepared and lay before 
the board at the January and July meetings of each year, a full and accu- 
rate report and statement of the business of the Company for the previous six 
months, showing receipts and disbursements in detail, and exhibiting the 
indebtedness of every kind to and by the Company. 

Art. XI. The vice-president, during the absence, sickness, or disability of 
the president, is charged with and authorized to perform the duties of 
president. 

Art. XII. A treasurer shall be appointed by the board of directors, whose 
duty it shall be to receive, take charge of, and disburse the cash belonging to 
the Company. He shall deposit in the bank or banks designated by the 


309 


9. The Gas Company shall, within two years after this 
charter takes effect, be required to extend the gas distri- 
bution to Portland, and lay down street mains along the 
Portland Avenue to the intersection of Third and Fulton 
Streets, Portland; thence along Third Street to Commer- 
cial Street; thence north on Commercial Street to Water 
Street; thence down Water Street to Grove Street, includ- 
ing the erection of public lights. 

6. The Company may extend the main pipes for dis- 
tributing the gas, when, in their judgment, it may seem 
fit; but shall not be bound to extend the same until the 
private and public lights required by the citizens will pay 
eight per cent. profit on the cost of the extension; and 
whenever an extension is required, the Company shall 
furnish the proper estimates; and when the sum required 
shall be subscribed, the Company shall be bound to make 
the extension until their capital stock is absorbed in the 
gas-works and extensions. 


board all cash in hands, each day, as nearly as practicable. The treasurer 
shall have charge also of all bills receivable and payable. He shall counter- 
sign all checks signed by the president, and no payment exceeding the sum 
of five dollars shall be made, except by check, provided this shall not apply 
to the payment of deposits and interest on deposits; and shall keep cash 
books and all necessary auxiliary books required in accounting for the re- 
-ceipts and disbursements of cash. He shall have charge of all vouchers, and 
shall prepare all pay-rolls and be responsible for the clerical accuracy of all 
accounts passing through his hands. It shall also be the duty of the treas- 
urer, in company with one or more of the finance committee, to detach, 
collect, and account for the coupons from the bonds belonging to the trust 
fund of The City, and any other bonds belonging to or in charge of the Com- 
pany deposited in the safety vault. He shall attend during the office hours, 
and longer if business requires. He shall give bond as required. An assist- 
ant treasurer may be appointed, who shall act in the absence of the treasurer, 
and give bond as required. 

Art. XIII. A secretary shall be appointed, whose duty it shall be to keep 
the general books of the Company, and have charge of all other matters 
appertaining to the general accounts of the Company and connected with the 
office He shall have charge of the stock books and accounts, the trans- 
ferring and canceling of old and issuing new certificates of stock, and counter- 
sign the same. He shall prepare the dividend lists for payment of dividends 
by the treasurer. He shall keep the books and accounts of the Company in 


such form and style as shall be indicated by the president and board of 


directors. He shall attend daily during office hours, and longer if business 


310 


GAS. 


7. To enable the Company to construct, continue, and 
extend its gas-works, in The City of Louisville, it is au- 
thorized to continue the use of the pipes and conductors 
which may have been laid down; and, with the consent of - 
the City Council, to own and extend its pipes and conduc- 
tors through the other streets and alleys of said City; and 
for that purpose to take up the pavements and to replace 
the same; and shall be responsible to The City for any 
damage which may arise therefrom, or any unreasonable 
delay in replacing the same; and said Company shall be 
subject to the regulations of The City as to the streets 
and alleys, and to the same ordinances and penalties that 
individuals may be subject to; Provided, all extension of 
pipes and conductors shall be made with the consent of 
the General Council of The City. 

8. The Gas Company shall put lamp-posts, fixtures, 
etc., along the street mains as they are extended, at a dis- 
tance apart of about two hundred feet, or as near that 


requires, and shall keep the records of the board of directors. An assistant 
secretary may be appointed, whose duty it shall be to act in the absence of 
the secretary. 


Art, XIV. A superintendent shall be appointed, who shall, under the 
control and direction of the president and engineer, have general charge of 
the works of the Company and all matters connected therewith. He shall 
have the works and apparatus kept in good repair. He shall, at the end of 
each month, make an accurate statement of material on hand and consumed 
during the month, and of all coke, tar, or other material delivered to indi- 
viduals or contractors, and such daily, and other reports as may be required. 
He shall keep at the works such books as may be required by the president 
and board of directors, and shall exercise an active and diligent supervision 
over all matters appertaining to the duties of superintendent, or with which 
he may be charged. 


Art. XV. An inspector shall be appointed, who shall, under the direction 
of the president and engineer, have charge of all matters appertaining to the 
distribution of gas, and also the management and care of street-lamps. He 
shall report as often as required the gas registered by the consumers’ meters. 
Heshall keep such books and accounts as may be required by the president 
and board, and shall exercise an active and diligent supervision over all 
matters appertaining to the duties of inspector, or with which he may be 
charged. 

Art. XVI. The directors may, whenever they see proper, appoint a gas 
engineer, with a suitable salary, to supervise all matters connected with the 


GAS. 


. 


2 


O11 


distance as the dimensions of the square may admit, so 
as to make an equal distribution of the same; and when- 
ever there are street mains on both sides of the streets, 
the hghts are to be located so as to alternate, preserving 
the same distance, namely, about two hundred feet for 
the lamps on each side of the street. The Gas Company 
are to keep the lamps in order, to furnish gas, and light 
and extinguish the same, giving to each light an illumi- 
nating power of about twelve sperm candles; and the time 
of burning shall be from the close of twilight at evening 
until dawn of day in the morning, except on clear 
moonlight nights, or parts of nights, when the moon 
shines clear and bright, when the lights may be dispensed 
with; and shall charge and receive therefor from The City 
of Louisville only the actual cost thereof. These charges 
shall not exceed the average charges for similar work or 
service in the cities of Philadelphia, Baltimore, Cincin- 
nati, Chicago, and St. Louis, nor shall the price charged 


manufacture and distribution of gas. Both superintendent and inspector 
being subject to the engineer. 

Art. XVII. An assistant engineer shall be appointed, whose duties shall 
be to supervise, under the direction of the president and engineer, the con- 
struction, alteration, repair and maintenance of the works and property of 
the Company, and the manufacture and distribution of gas. 

Art. XVIII. A purchasing agent shall be appointed, whose duty it shall 
be to provide and purchase all materials required and to audit all bills and 
vouchers, and to indicate thereon the proper account to which they are 
chargeable, and to perform such other duties as may be required. The office 
of assistant engineer and purchasing agent may be combined if the board 
should see proper. 

Art, XIX. Upon the recommendation of the president, the board shall 
appoint such additional assistance to the clerical forces as may be required. 
The appointments referred to in the foregoing Sections shall be filled as 
vacancies arise in them by the board of directors. 

Art. XX. The offices of assistant secretary and assistant treasurer created 
by these by-laws may be combined in one and the same person. 

Art. XXI. Any amendment to these by-laws shall be considered at the 
meeting subsequent to the one in which it may be proposed, and the vote of 
two thirds of all the directors shall be required for its adoption. 

Terms to Consumers.—l. All applications for a supply ot gas must be 
made in person at the office of the Gas Company, the applicant signing the 
regulations and stating the probable number of burners that he may require. 

2. The Company may require a deposit from each and every person sub- 


312 


GAS. 


other consumers of gas be greater than the average price 
of gas charged such consumers in said cities. 

9. A gas inspector or inspectors shall be appointed, 
whose duty it shall be to examine into all supposed errors 
in the gas bills of consumers, and correct the same, when 
called upon by the consumer for that purpose. The man- 
ner of appointing and the remuneration of said inspector 
or inspectors is to be made in such manner as the City 
Council of Louisville and the Gas Company may agree 
upon. 

10. If any person or persons shall willfully, by any 
means whatever, injure or destroy any part of. the gas- 
pipes or conductors, lamps, lamp-posts, burners, or any 
of their works, or fixtures, or machinery, all such persons: 
shall be bound to the Company for all damages sustained 
thereby, and may, furthermore, be liable, within two years 
after the commitment of the offense, and, upon convic- 
tion, shall be fined in any sum, at the discretion of the 


scribing for gas, to secure themselves against loss. The rate of deposit shall 
be as follows: 


Per Month. 
WOL'S DUPNOLB ss Ao cied-Sacesctn dod ootevspdacenson suatehen toe nens ia tonde tte enee Tete nes nee aaa cuers caaee cee nee $5 00 
For, CO BvDUr ers yi socces sobs deossecs: vasacecewtorsnavtaetrs a tiecw hose aie etee cae ahr aon tar amnne men aeeee eee 10 00 
For FtovlLOburnerswa ccc weccccecececencr eter en cate et Renee Sonne oecleaeeall coeanen oe eee eee 15 00 
For: 11 to 5 Burners: sh7F der ke doer cosseutas ce tees on sears decevedesesten ine sd edseneiveds eecer .eccrecteenee sour tentes 25 00 
For 16 to 20 burners...... «1 Biedae Reasedudeoteiteccestens cases peonectenbedsesecmes Veneto aacdoe ee eereen conaeeiine 30 00 
For ZUG j20 PUED OLS wescecsanceccsea2 eoccucsesacenote cae Bsc icae vase seripoveceeteoncecesnteetecesiccadete eas 40 00 
For 26 to 60 DUrMergce cians) ecitoeassve anna ccacdiccuiccoccissesessecsieecerddace sacceassececlcesooteanas et aaa 80 00 
For’ Sito, LOO DUrMers iin. cecasode ceccse aceo'scen sodsssdseeveretocleve soltccssrpucsectine-cWssctcceeice st: eames em LOU LUD 


Interest will be allowed the consumer on the amount deposited. 

3. Gas will be supplied by the meter or by special contract in writing, and 
should the meters be found defective they will be immediately changed, and in 
case of their ceasing to register the quantity of gas consumed, the account 
will be made by the average of another meter, or by the amount charged 
during a previous corresponding period. | 

4. The service-pipe from the main toward the building to the extent of 
sixteen feet (when so much is required) will be laid, and the meter furnished 
by the Company, without cost to the consumer, except as provided in 
Section 5. 

5. No meter will be set where there is not an anticipated consumption of 
more than one thousand cubic feet of gas per quarter without an extra 
charge for the use of the meter; and to secure the Company against loss for 
the use of the service-pipe and meters the rates of rental will be as follows, viz: 


A 3-light meter registering less than 1,000 feet per QUarteL...,..... cccecee ceeserecseeseesceereesd O 50 
A 5-light meter registering less than 1,300 feet per quarter. .............ccssseccscccenseetecccoers 0 50 


GAS. 


} 


jury, not exceeding one thousand dollars, or by imprison- 
ment in the City Workhouse, at hard labor, not exceed- 
ing five years; but this section shall not be held to change 
the law as to arson, or willfully burning the houses of the 
Company; Provided, that so much of this section as im- 
poses imprisonment shall not apply to infants. 

11. The stockholders, exclusive of The City of Louis- 
ville, may elect five (5) directors, and the General Council 
of Louisville four (4) other directors, and these nine d1i- 
rectors shall choose from among themselves a president; 
and to said directors shall be intrusted the real and per- 
sonal estate, business, property, funds, and financial con- 
cerns of said Company, and the administration of its 
affairs. All the directors shall be stockholders to the 
amount of twenty shares each, in their own right, and, 
after their first election, shall have been stockholders not 
less than three months before the election at which they 
are chosen. They shall serve for one year, and until their 


A 10-light meter registering less than 1,500 feet per quarter..............ccecsecee. ceeceeseeeeeees $7 05 
A 20-light meter registering less than 2,000 feet per quarter.............cccccccecesececeeeeeeneees 1 00 
A 30-light meter registering less than 2,500 teet per quarter... 00... cece cette eee 1 50 


6. All excesses of pipe over sixteen feet, the stop-cock which in all cases 
is required between the wall of the building and the meter, and the connec- 
tions, such as bends, turns, e¢c., must be paid for by the consumer. In all 
cases, however, where gas is required for short periods, or during only a 
portion of the year, such price for the whole service-pipe and rent for the 
meter will be charged as may be agreed upon between the parties. 


7. The tubings and fittings for the conveyance of gas within the walls, 
after it has passed the meter, may be put up by any competent mechanic 
employed by the consumer or proprietor of the premises; subject, however, 
to the inspection and approval of the Company or their authorized agents, 
and no person except the authorized workman or agents of the Company 
will be allowed to make any connections or alterations between the main in 
the street and the meter. 


8. All screws used in putting up gas tubing shall be made to such standard 
sizes as may be authorized by the Company, and no tubing shall be used 
except such as may be now or hereafter allowed by them; and all tubings 
and fittings shall be examined and approved by the Company, after being 
fitted, before gas will be supplied. 

9. The Company reserve the right to determine where the meter shall be 
set in all premises, so as best to protect the same from injury or from the 
frost, and to render it accessible at all times for repairs or removal, and their 


314 CAS, 


successors are chosen; and after the first election there 
shall be an annual election on the first Monday of Janu- 
ary in each year, of which notice shall be given for ten 
days in the newspapers printed in Louisville; and the 
City Council shall, at their first regular meeting after the 
first Monday in January, elect the four directors on the 
part of The City. The president and directors shall fill 
all vacancies that may arise in their body from death, res- 
ignation, removal from the City, or the failure to meet 
their engagements to the Company with promptness; and 
it shall be the duty of the other directors to declare the 
seat of a director vacant for that cause, or for a removal 
from the City. This, however, excepts those vacancies 
occurring among the directors appointed by The City, 
which vacancies are to be filled by the General Council 
of The City. Each share of stock in this Company shall 
entitle the owner to one vote; and no one individual, 
company, or corporation, other than The City of Louis- 


inspector shall at all times be in readiness to examine the apparatus and 
premises of applicants, free of charge, on receiving one day’s notice. 

10. The authorized officers, unless otherwise ordered by the Company, 
shall introduce the gas into any premises within the range of the street 
mains whenever they shall be satisfied that the fittings are put up in their 
proper places, in a workmanlike manner, and are perfectly gas-tight, the 
applicant having complied with the other regulations of the Company. 

11. The Company shall at all times, by their authorized agents, have the 
right of free access into the premises lighted with gas, for the purpose of 
examining the whole gas apparatus, or the removal of the meter and 
service-pipe. 

12. No meter will be set to register gas which passes through any other 
meter, unless the extra meter and fittings are paid for by the consumer; and 
in all such cases the gas must be paid for by the party holding, and according 
to the registry of the first meter in the premises; and in no case will the 
Company be responsible for any imperfections in the said extra meter or 
fittings. 

13. The tenant of any premises using gas shall give notice at the office 
of the Company when he is about to remove, that the gas may be stopped, 
or he will remain liable for any gas that may pass through the meter until 
such notice is given, when the bill will be made out to date and deposit 
returned, after deducting amount of the bill. The quantity of gas con- 
sumed will in all cases be ascertained in the manner prescribed in the third 
article of these rules. 

14. In default of payment for gas consumed within ten days after the bill 


GAS. , 


315 


ville, shall hold more than two thousand shares of the 
stock, either directly or indirectly; and if any one shall 
purchase and hold more, except The City, he shall forfeit 
his dividends on such excess of stock to the Gas Com- 
pany. 


12 Certificates of stock shall be issued to the holders 
thereof whenever the same shall be paid for, and stock 
in this Company shall be considered and pass as personal 
estate, and shall be transferable on the books of the 
Company, in such manner as the stockholders or presi- 
dent and directors, by their by-laws, prescribe; but no 
stock shall be transferable until all the debts and de- 
mands of the Company are discharged; and for all debts 
and demands the Company shall have a lien on the stock. 
On the second Monday in July and January in each year, 
the Company shall make a statement of the affairs of the 
Company, and furnish the same to the stockholders and 


is rendered, or in case of a leak or injury done to the meter or pipes within 
the premises of any consumer, the flow of gas shall be stopped until the bill 
is paid or the necessary repairs made. 

15. When a meter has been removed or the gas shut off on account of the 
non-payment of gas or service bills, a charge of one dollar will be made for 
turning the gas on again or reconnecting the meter. 

16. The price of gas shall be fixed from time to time, and a discount oft 
the whole dollars will be allowed on the amount of all bills for gas paid at 
the office of the Company within three .days after the date of the bill; say 
from the morning of the first day of the month to the afternoon of the 
fourth day of the month, for each district. As the discount is made to 
insure prompt payment, none will be allowed under any circumstances after 
the fourth day has elapsed. 

17. The Company reserve to themselves the right at any time to cut off the 
communication of the service-pipe, if they shall find it necessary to do so, in 
order to protect the works against abuse or fraud, and in all cases where a 
change of tenants shall take place. 

18. The Company may provide from time to time such further and other 
rules and regulations, under which the gas may be furnished to private 
consumers, as experience may suggest, and as the said Company may deem 
necessary. 

19. Each consumer of gas shall be furnished with a copy of the foregoing 
rules on application at the office of the Company. It is advised that con- 
sumers give immediate notice at the office if any escape of gas be discovered, 
as no deduction will be made from the bills rendered for gas passing through 


O16 


“GAS. 


to the City Council, at which time the semi-annuat divi- 
dend shall be declared. 

13. The president and directors shall keep a record of 
their proceedings, which they shall produce to the stock- 
holders at the regular or called meeting, and to a com- 
mittee of the General Council, at any time during the 
business hours of the day, for examination or inspection. 


14. If any officer of this Company shall, without the 
authority of the president and directors, appropriate any 
of the funds of the corporation to his own use, or that of 
any other person, shall willfully fail to make correct 
returns, or shall knowingly make false returns on the 
books of the Company with intent to cheat or defraud 
the corporation or any person, or to hide or conceal any 
improper appropriation of the funds of the corporation, 
the officers so offending shall be deemed guilty of felony, 
and upon conviction thereof, be sentenced to confinement 
in the jail and penitentiary of this State for a period 
not less than two nor more than twenty years. 


15. The directors shall allow to the president reasonable 
compensation for his services; but no compensation shall 
be allowed to a director, except by the order of the 
stockholders; and if the president or any of the directors 
shall Knowingly diminish the capital stock by dividends 
or otherwise, they shall be responsible to the stock- 
holders for the deficiency thus created. 


16. Reports of the finances and affairs of the Company 
may be required by the legislature, and the legislature 
shall have the right, by its committees, to investigate the 
condition of the Company; and any violation of the 
essential provisions of the charter shall cause forfeiture; 
but no forfeiture shall prevent the corporation from col- 
lecting its debts, and enforcing its contracts, and dispos- 
ing of its effects. 


the meter. They are also desired to notify the Company as early in the day 
as possible of any deficiency of lights, that the evil may be remedied without ' 
delay. 


GAS, 


17. The Louisville Chancery Court shall have jurisdic- 
tion to hear and determine alleged forfeiture of this 
charter on complaint of any stockholder or State of 
Kentucky. 


18. The stock in the hands of the stockholders is 
exempt from all State tax, and, in lieu thereof, the State 
impose a tax on the capital stock paid in of fifty cents on 
the hundred dollars; said tax to be collected from the 
Gas Company, and when paid, to exempt the property 
and effects of the Company from any additional tax. 


19. The City of Louisville, if it so elect, may purchase 
the gas-works at the termination of this charter, at a fair 
estimation of what said works are worth at that time; 
Provided, that The City shall notify the Company of 
said election on her part at least one year before the 
termination of this charter; the value of the works to be 
ascertained by two competent gas engineers selected, one 
by each of the parties, and in case of their disagreeing, 
by an umpire whom they may select; the proceeds of 
which sale is to be divided pro rata among the stock- 
holders, including The City of Louisville. This charter 
is to be valid and in full force when accepted by those 
who hold the majority of the shares of stock in the 
present Gas Company; and the new Company shall 
- become successors to and owners of all real estate and 
other property belonging to the old Company. 


20. The fourth Section? of said act is hereby amended 
by inserting the word ‘‘extent’’ after the word ‘‘ effect’ 
in said Section. 

21. Should The City of Louisville not elect to take the 
Louisville Gas-works, as provided for and permitted by 
the eighteenth Section of the now existing charter of 
said Company, no company shall organize under the act 
to which this is an amendment, unless said Company so 
organized, or proposing to organize, shall agree to become 


2S8ection 5, preceding. 


Asn we toto 
amend an act 
to extend the 
charter of the 
Louisville Gas 
Company, ap- 
proved Jan. 30, 
1867. Approv- 
ed Mar. 2, 1867. 


An act to 
amend an act 
entitled An act 
to extend the 
charter of the 
Louisville Gas 
Co. Approved 
Jan. 30, 1867. 
Approved Mar, 
5, 1868. 


18 


GAS. 


ANZAC TO 
amend an act 
entitled An act 
to extend the 
charter of the 
Louisville Gas 
Company. Ap- 
proved Jan. 30, 
1868. Ap- 
proved Jan. 22, 
1869. 


bound in conformity to the agreement which the present 
Gas Company has entered, or proposed to enter into with 
said City, and which was approved by the Board of Com- 
mon Council of said City on the ninth of January, 1868, 
and by the Board of Aldermen on the twentieth of Janu- 
ary, 1868; and any organization made under the act to 
which this is an amendment shall be held as made in con- 
formity with, and subject to the terms and provisions of, 
the aforesaid agreement. 


22. Whereas, The City of Louisville and stockholders 
of the old Louisville Gas Company have accepted the 
said extended charter, and have agreed to certain amend- 
ments thereof, and desire that they may become a part 
of said extended charter, be it enacted by the General 
Assembly of the Commonwealth of Kentucky: That any 
person who may be entitled to a fractional share of 
stock under the provisions of Section second of said 
extended charter may have his or her election either to 
take the same in cash at par, or have issued & whole 
share by paying the difference of par value of the frac- 
tional share and a whole one. 


23. The Gas Company shall be bound to extend its 
main pipes whenever the public and private lights imme- 
diately arising from said extension will pay seven per 
cent. profit on the cost thereof; and so much of the fifth 
Section of said extended charter as requires a profit of 
eight per cent. on the cost of an extension is hereby 
repealed. 


24. The Gas Company shall put lamp-posts, fixtures, 
etc., along the street mains as they are extended, at a 
distance apart of about two hundred feet, or as near that 
distance as the dimensions of the squares may admit, so 
as to make an equal distribution of the same; and when- 
ever there are street mains on both sides of the streets 
the lights are to be located so as to alternate, preserving 
the same distance, namely, about two hundred feet for 
the lamps on each side of the street. The Gas Company 


GAS. 


319 


are to keep the lamps in order, to furnish gas, and light 
and extinguish the same, giving to each light an illumin- 
ating power of about twelve sperm candles; and the time 
of burning shall be from the close of twilight at evening 
until dawn of day in the morning, except on clear, moon- 
hight nights, when the light may be dispensed with; and 
said public lights shall be furnished to The City at act- 
ual cost, but in no event to exceed thirty-five dollars per 
lamp; and the charge for gas to private consumers shall 
be so graded as that the Company’s profits shall not 
exceed twelve per cent. per annum of the par value of 
the stock, ten per cent. of which may be drawn by the 
stockholders in semi-annual dividends, and the other two 
per cent. to be laid out for extensions, and not to be capi- 
talized except at the end of every five years. Section 
seven of said extended charter is hereby repealed. 


29. The stock and other interest The City has or may 
have in the gas works shall not be disposed of, but the 
dividends arising therefrom shall, as far as necessary, be 
applied to paying for the public lghts of The City; and 
all investments of unused dividends belonging to The 
City shall be made by the directors of the Gas Company 
as trustee, with the concurrence and advice of the City 
Council, and held as a permanent trust during the con- 
tinuation of this charter. 


26. Said Gas Company shall have the exclusive privi- 
lege of erecting and establishing gas-works in The City 
of Louisville during the continuation of this charter, and 
of vending coal-gas lights and supplying The City and 
citizens with gas by means of public works; Provided, 
however, this shall not interfere with the right of any 
one to erect, or cause to be erected, gas-works on their 
own premises, for supplying themselves with light. 


27. No alteration or amendment to the charter of the 
Gas Company shall be made without the concurrence 
of the City Council and the directors of the Gas Com- 
pany. 


320 


GAS. 


An act to 
amend the 
charter of the 
Louisville Gas 
Company. Ap- 
proved March 
20, 1884. 


28. The capital stock of the Louisville Gas Company 
is hereby increased to three millions of dollars. The 
additional stock hereby authorized may be sold at such 
time or times as the directors of said Company may deem 
proper. The shares of stock shall be fifty dollars each, 
shall be considered and pass as personal estate, shall be 
transferable on the books of the Company as: the stock of 
said Company is now authorized to be transferred, and 
certificates shall be issued therefor as the same may be 
sold. 

29. Said Louisville Gas Company is hereby authorized 
to purchase and own the capital stock of any other Gas 
Company which may be operated in this State with all 
the rights and privileges of any other stockholder; and 
may also purchase, own and hold, use and dispose of all 
such buildings, real and personal estate, machinery, 
patents, apparatus, and all other property and rights 
which may be or which may become convenient, proper, 
or necessary to carrry on its business. 

30. The General Council of The City of Louisville is 
hereby empowered to sell the capital stock owned by 
The City of Louisville in the said Gas Company. The 
proceeds of sales of said stock as made, together with the 
bonds and any funds or sums of money held by said 
Jompany as trustees of said City, shall be turned over 
to the Commissioners of the Sinking Fund of The City of 
Louisville, and the said Sinking Fund shall invest and 
reinvest the same as often as may be necessary or expe- 
dient in United States bonds, or other good and well 
secured interest-bearing bonds; and out of the dividends 
and interest arising from such investments they shall 
pay the cost of ighting the streets, alleys, parks, public 
wharves, and public buildings belonging to said City of 
Louisville, and they shall invest and reinvest any sur- 
plus of such dividends and interest as often as may be 
necessary or expedient in good and well-secured interest- 
bearing bonds. Upon the sale of her stock, the said City 
of Louisville shall cease to have directors in said Com- 


321 


pany, and the other stockholders shall elect the nine 
directors of said Company. 

31. So much of the charter of said Gas Company as is 
inconsistent with this act is hereby repealed. This act 
shall take effect and be in force as soon as the same 
shall be concurred in by the General Council of The City 
of Louisville and the directors of the Louisville Gas 
Company. * ? 

32. The now existing Louisville Gas Company is hereby 
chartered and incorporated for the full term of fifty years 
from and after the first day of January, 1889, and the 
following charter is granted to said Company, to take 
effect and be in force upon and after said first day of Jan- 
uary, 1889, and continue in full force and effect for the 
term of fifty years, as hereinafter provided. + 


33. Said Company is hereby declared to bea body 
corporate and politic, with perpetual succession, by the 


name of the ‘‘ Louisville Gas Company,”’’ 


name said corporation, its assigns, successors, and so. 
forth, shall be capable in law of contracting and being 


contracted with, suing and being sued, defending and 


being defended in all courts and places and in all matters 


whatsoever, aS natural persons; may have and use a 
common seal and break, alter and change the same at 
pleasure; may from time to time ordain and put in execu- 
tion such by-laws, rules and regulations for the govern- 
ment and conducts of its affairs, and the efficient and safe 
management thereof as may be deemed expedient, proper 
or necessary not inconsistent with the constitution and 
laws of the United States and of this State, and said 
Company may take, purchase, hold, enjoy, mortgage, 
sell, lease, assign, transfer and cenvey such property and 
property interests, real, personal and mixed, legal and 


equitable stock in other gas companies, buildings, ma- 


8 Concurred in by the Council by resolution, approved May 24, 1884. 


+The Sections of the charter are preserved in the order of the original act, 
32, above, corresponding to 1, 33 to 2, ete. 
21 


An act to in- 
corporate t he 
now existing 
Louisville Gas 
Company and 
to grant it a 
new charter. 
Approved Apr. 
30, 1884. 


and by that. - 


oe GAS. 


chinery, patents, apparatus, and other things as may be 
deemed to be proper or necessary to the successful prose- 
cution of its business of making, storing, distributing, 
and vending gas in The City of Louisville and its suburbs. 
And said Company shall have power and authority, 
whenever the board of directors thereof shall consider 
the interest of the Company requires it, to issue bonds 
in any amount not exceeding two millions and five hun- 
dred thousand dollars, to bear interest at any rate not 
exceeding six per cent. payable semi-annually, may attach 
to said bonds coupons for such annual or semi-annual 
interest, and may secure the payment of said bonds and 
interest by executing a mortgage upon its property or 
upon such part thereof as may be designated in such 
mortgage or mortgages. 

34. Said Corporation shall have full power and author- 
ity to manufacture and vend gas to be made from any 
and all of the substances, or a combination thereof, from 
which inflammable gas is usually or may be obtained. 


39. To enable said corporation to construct, continue, 
and extend its gas-works and capacity to manufacture, 
distribute, and deliver gas in the present or future limits 
of The City of Louisville and its suburbs, it is hereby 
authorized to continue the use of its buildings, works, 
apparatus, machinery, mains, service-pipes, and other 
property now employed, or which may be employed in 
manufacturing, distributing, storing, and delivering gas 
prior to January 1, 1889, and after that time, may, with 
the consent of the General Council of said City of Louis- 
ville, own and extend its mains, conductors, service-pipes, 
and works into and through the other streets, alleys, 
lanes, parks, roads, and ways of said City and its sub- 
urbs, and for that purpose and to that end, said Company 
may open and take up the carriage-ways, sidewalks, and 
curbings, and shall replace the same in as good condition 
as before, within a reasonable time, and such power and 
authority is subject to such reasonable regulations as the 
Mayor and, General Council may make, and be Hable to 


GAS. 


323 


said City for any damage which may arise therefrom, and 
for any unreasonable delay in replacing the same. 

36. The capital stock of said Company shall be five 
millions of dollars, divided into shares of fifty dollars 
each, and shall consist, first, of the stock of the now ex- 
isting Louisville Gas Company, as the same shall be on 
the thirty-first day of December, eighteen hundred and 
eighty-eight, at its par value, for which certificates shall 
be issued; secondly, of the contingent fund and undi- 
vided profits which said Company may own on said thirty- 
first day of December, eighteen hundred and eighty-eight, 
said fund and undivided profits to be capitalized for the 
equal benefit of the then stockholders, and certificates to be 
issued therefor; thirdly, the stock may be sold and issued 
by the Company, when deemed necessary, to the extent 
of capital stock hereby authorized. The stock of said 
Company shall be personal estate, and shall be transfera- 
ble on the books of the Company, in such manner as may 
be prescribed by the by-laws, but for all debts and de- 
mands owing or contracted by any stockholder to the 
Company, for stock or otherwise, said corporation shall 
have a lien on his stock. The stockholders, other than 
The City of Louisville, shall be entitled to one vote for 
each share of stock owned and held by them. 


37. The said corporation shall, on the second Mondays 
in January and July of each year, make a statement of 
its condition, as of the thirty-first day of December and 
thirtieth day of June, respectively, immediately preced- 
ing, which shall be so kept and preserved in the office of 
the Company as to be accessible to the stockholders at all 
reasonable business hours; and the board of directors 
may, on said second Mondays in January and July of each 
year, respectively, or at such other time or times as they 
may designate, declare and make dividends of such por- 
tion of the profits earned by the Company as they may 
deem advisable. 

38. The stockholders of the corporation, other than The 
City of Louisville, shall elect five directors of the Com- 


GAS. 


pany, and The General Council of The City of Louisville 
shall elect four others, and the nine directors so chosen 
shall constitute the board of directors of said Company, 
and they shall choose one of their number to be president 
of the board; and said board of directors shall be 
entrusted with the real and personal and other estate and. 
property interest of said Company, and with the admin- 
istration, conduct and management of all of its affairs. 
Each director must be a stockholder in his own right of 
at least twenty shares of the capital stock of said Com- 
pany for at least thirty days prior to the time of his 
election. The election of directors of said Company to be 
chosen by the stockholders thereof other than The City 
of Louisville, shall be held annually on the first Monday 
in July during the continuance of this charter, of which 
election ten days’ notice shall be given in one or more news- 
papers published in Louisville, Kentucky; and the Gen- 
eral Council of said City shall, at its first regular meeting 
after the first Monday in July in each year during the con- 
tinuance of this charter, elect the said four directors to 
serve in said Company on the part of the said City. All 
of said directors shall serve for one year, and until their 
successors are duly chosen and qualified, and shall be 
bona fide citizens of Louisville at the time of their elec- 
tion. Death, ceasing to hold as many as twenty shares 
of said capital stock, permanent removal from The City, 
or other inability to perform the duties of a director of 
said Company, shall create a vacancy in the board of 
directors, which shall, in case such vacancy occurs 
amongst the number of directors chosen by the stock- 
holders, other than The City of Louisville, be filled by 
the remaing directors of that class; and in case the 
vacancy occurs amongst the number of directors 
chosen by said General Council, it shall be filled by that 
body: Provided, that the board of directors of the now 
existing Louisville Gas Company, who shall be in office 
at the time the charter of said Company expires, shall be 
and they are hereby empowered and appointed to act as 
the board of directors of the corporation to which this 


GAS. 


charter is granted, until the first regular election herein 
provided for. 


39. If for any cause an election of directors of said 
Company shall not be held on the days and at the times 
appointed by this act for such elections, the said corpora- 
tion shall not for that cause be deemed to be dissolved, 
but it shall be lawful to hold such elections at another 
time not exceeding sixty days thereafter, of which public 
notice shall be given for not less than ten days, and until 
such elections shall be held the directors of the Company 
last chosen shall continue in office as directors of said 
Company. 


40. Said corporation shall have full power and au- 
thority to employ such agents and servants as the busi- 
ness of the Company may require and to contract with 
them for their services; and to ‘require of them such 
bonds and security for the faithful performance of the 
duties and business which may be assigned to them from 
time to time as may be deemed necessary and. proper. 


41. A competent Gas Inspector shall be appointed by 
the Mayor of The City of Louisville whose duty it shall 
be to examine into all errors in the bills of gas-consumers 
as well as into the manufacture of gas, and to correct ali 
errors when called upon for such service, also to examine 
and correct all inaccurate meters that may be reported 
for examination; and his compensation shall be fixed and 
paid by The City of Louisville. 


42. Said Company shall keep a record of the business 
transacted at all regular and called meetings of the board 
of directors, in a book to be Kept for that purpose, which 
record shall be open to the inspection of the stockholders 
during business hours, in the presence of one of the 
officers of the board of directors of the Company. 


43. If any servant, agent, employe, or officer of said 
corporation shall knowingly and wrongfully appropriate 
the funds thereof, to his own, or to the use of any other 
person or shall knowingly fail to make correct entries 


326 


GAS. 


or shall Knowingly make false entries on the books 
of the Company, with intent to cheat or defraud 
the corporation or any person, or to hide or conceal any 
improper appropriation of the funds of the Company, 
every such officer, servant, agent, or employe so offending 
shall be deemed guilty of felony and upon conviction 
thereof shall be sentenced to confinement in the peniten- 
tiary of this State for a period of not less than one nor 
more than ten years at the discretion of the jury. 


44. If any person or persons shall wrongfully, by any 
means whatever, injure or destroy any part of the gas- 
pipes or conductors, lamps, posts, burners, or any of the 
works, fixtures, or machinery of said Company, all such 
persons besides being bound to said Company for the 
damages it has sustained thereby, shall be lable to indict- 
ment and upon conviction of such offense shall be fined 
at the discretion of the jury, in any sum not exceeding 
one hundred dollars, or by imprisonment in the City 
Workhouse of Louisville at hard labor, for a term not 
exceeding one year, but this Section shall not be held to 
change the law as to arson or willfully burning the houses 
of the corporation; and all indictments for offenses 
against this act shall be. prosecuted within two years 
after the discovery of the offenses aforesaid, and not 
afterwards. 


45. The City of Louisville, if it so elect, may purchase 
the entire gas-works, property, and effects of the said cor- 
poration at the termination of this charter, at the fair 
value thereof at that time; Provided, that said City shall 
notify the Company of such election on her part at least 
one year before the termination of said charter. The 
value of said gas-works property and effects shall be 
ascertained by two competent civil engineers selected, one 
by The City of Louisville, the other by said corporation, 
and to provide against a possible disagreement between 
said valuers, they shall before entering upon the dis- 
charge of their duties as such choose an umpire, who 
shall determine any differences which may arise between 


said valuers and the valuation of said works, property, 
and effects and the determinations of said valuers and said 
umpire shall be binding and final. The proceeds of said 
works, property, and effects shall be divided pro rata 
among the stockholders, including The City of Louisville. 
And power and authority is hereby granted to the said 


City of Louisville to sell and dispose of and transfer her 


stock in said corporation or any part thereof, at any time 
it is deemed advisable by the General Council of said 


City to do so; the proceeds of sales of said stock as made’ 


together with the bonds and any funds or sums of money 
held by said Company as trustee of said City shall be 
turned over to the ‘‘Commissioners of the Sinking 
Fund of The City of Louisville,’ and the said ‘‘ Sinking 
Fund”’ shall invest and reinvest the same as often as may 
be necessary or expedient in United States bonds or other 
good and well secured interest-bearing bonds, and out of 
the dividends and interest arising from such investments 
they shall pay the cost of lighting the streets, alleys, 
parks, public wharves, and public buildings belonging to 
said City of Louisville and they shall invest and reinvest 
any surplus of such dividends and interest as often as 
may be necessary or expedient in good and well secured 
interest-bearing bonds; and the said Company is hereby 
authorized and empowered to become the purchaser 
thereof or any part of the same. In the event The City 
of Louisville shall sell any part of her stock in said 
Louisville Gas Company, her power to elect directors 
shall be decreased in proportion to such sale ratably as 
the four directors herein provided for bear in proportion 
to the shares held by said City, and if The City shall 
sell such part of its stock as to lose the right to elect one 
or more directors the place or places may be filled by the 
stockholders other than The City so as to keep up the 
number of nine directors. The sale by The City of her 
entire stock in said Company shall terminate the right of 
the General Council of said City to elect directors therein, 
and the nine directors thereof shall thereafter be elected 


328 


GAS. 


by the stockholders at the annual election of directors 
for said corporation. 


46. Said corporation to which this charter is granted 
shall succeed to and become the owner of the gas-works, 
property, and effects of the now existing Louisville Gas 
Company, subject, however, to the right of said City of 
Louisville to purchase the same under and according to 
the provisions of the eighteenth Section of the charter of 
said last-mentioned corporation, approved January 30, 
1867; Provided, that this act shall not take effect unless 
it shall be accepted by the stockholders who own a ma- 
jority or the shares of the stock of the now existing Gas 
Company. 

47. Nothing in this act shall be construed to give the 
said Louisville Gas Company any exclusive rights or 
privileges to the streets or otherwise under this charter; 
nor shall any of the property of said Company be exempt 
from municipal or State taxes, or either. 


48. Said Louisville Gas Company shall at no time be 
consolidated with any other gas company, nor shall any 
other gas company be in any way consolidated with or 
operated in connection or conjunction with said Louisville 
Gas Company; nor shall any officer, agent, or servant of 
said Company be an officer, agent, or servant of any other 
gas company; nor shall any officer, agent, or servant of 
any other gas company at any time be an officer, agent, 
or servant of the Louisville Gas Company. °® 


5«An act to extend the charter of the Louisville Gas Company,” approved 
January 30, 1867, which took effect January 1, 1869, providing for the 
reorganization of said Company, etc., did not extend or continue in force 
any of the provisions of the act of 1838, incorporating said Company, which 
by its own terms expired January 1, 1869. Hence, when in 1878, C. was in- 
dicted under Section 24, of the act 6f 1838, for embezzling twenty thousand 
dollars of the funds of the Company while cashier of the same, the Court of 
Appeals held that even though the embezzlement was committed on July 1, 
1868, before the old charter expired, yet there could be no indictment under 
it after it had expired.—Commonwealth v. Cain, 14 Bush, 525. The Louis- 
ville Gas Company asserted the exclusive right to manufacture gas in 
Louisville, under an act of the legislature which is unconstitutional and void, 


GAS. 


329 


49. Thomas C. Coleman, Walter N. Haldeman, James 
Barrett, H. V. Newcomb, G. F. Fuller, E. D. Standiford, 
Isaac Caldwell, F. T. Fox, and J. P. Johnson, and their 
associates, successors, and assigns, are hereby created a 
body corporate and politic by the name of ‘* The Citizens’ 
Gas-Light Company of Louisville,’ for the purpose of 
making, selling, and distributing gas for the purpose of 
lighting the buildings, public and private, in The City of 
Louisville and its adjoining territories, together with the 
streets, highways, lanes, alleys, parks, and other public 
places therein, and for other purposes; and by that name 
shall have perpetual succession; and are made capable in 
law to take, purchase, possess, retain, have, hold, and 
enjoy to them, their successors, and assigns, estates and 
interests of every kind, real, personal, and mixed, legal 
or equitable, and the same to manage, control, let, lease, 
assign, grant, bargain, sell, alien, convey, confirm and 
dispose of at pleasure; to sue and be sued, plead and be 
impleaded, answer and be answered unto, defend and be 
defended against in any competent court of law or equity, 
and before all tribunals to appear and protect its rights; 
to make, have, and use a common seal, and the same to 
break, altar, and renew.at pleasure; and shall also have 
power to establish and put in execution such by-laws 
and regulations, not contrary to law, as they may deem 
necessary or convenient for the government of said cor- 
poration and the management of their property and 
concerns, and the duties and employments of their 
officers and agents, and the same to change, alter, or 
amend; and generally, to do all things necessary and 
proper to carry into effect the powers and privileges 
herein granted. ® 


and thereby put another company’s right to manufacture gas also in the 
same city, under a cloud and prevented it from raising the necessary funds 
for the purpose. Held, that the Louisville Gas Company could be restrained 
by injunction from setting up such exclusive right.—Citizens’ Gas-Light Co. v. 
Louisville Gas Company, Court of Appeals, June 16, 1883. 


6The Sections of the original act are preserved in order, Section 1 being 
Section 49 above, Section 2, 50, ete. 


An actto 
incorporate the 
Citizens’ Gas 
Light CO et 
Louisville. 
Approved Mar. 
ae 1B ie, 


330 


GAS. 


50. The capital stock of this Company shall consist of 
seven hundred and fifty thousand dollars, in shares of one 
hundred dollars each; but the stockholders at any special 
meeting called for that purpose may increase such capital 
stock to any sum not exceeding two millions of dollars, 
under such regulations and conditions as they may deem 
expedient; the holders of a majority of the stock voting 
for said increase, and casting one vote in person or by 
proxy for each share of said stock held by them. 


51. Said Company shall have power and authority, 
with the consent of the General Council of said City, to 
open the ground in any highway, street, lane, alley, 
park, or other public place within the limits aforesaid, 
and lay and repair therein their pipes for conducting gas; 
said Company restoring the same to as good condition as 
before, within a reasonable time thereafter; said Com- 
pany being required, in so doing, not to injure any gas 
or water-pipe, or connection, or sewer laid therein, and 
said corporation being liable to The City of Louisville for 
any damage it may have to pay for its negligence in so 
laying, repairing, or restoring as aforesaid; and such 
power and authority is subject to such reasonable regula- 
tions as the Mayor and City Council may make for the 
protection of life, property, and health of citizens. 


92. The said Company shall have authority to open 
ground, to lay and repair pipes for conduction of gas to 
consumers in Portland and other towns adjoining said — 
City of Louisville, in the highways, streets, lanes, alleys, 
and other public places thereof, subject to such reason- 
able regulations by the municipal authorities thereof 
respectively as they shall prescribe; said Company lay- 
ing, repairing, and restoring the same to like condition 
as before within a reasonable time. 


93. The shares in said capital stock are hereby declared 
to be personal estate, and transferable on the books of 
the Company in such manner as the board of directors 
shall prescribe; and the whole of said capital stock shall 


GAS. 
be paid in within two years from the organization of the 
Company under this charter, and in such equal install- 
ments and at such times as shall be prescribed by the 
directors, of which ten days’ notice shall be given per- 
sonally to each stockholder or by mail, or published in 
one of the newspapers daily printed in Louisville, of the 
time and place of paying the same; and said capital 
stock shall not be Hable to assessments, except for said 
installments to the amount in all of one hundred dollars 
on each share; and said Company may provide by its 
by-laws for the forfeiture of stock in part, or only a part 
otf which has been paid, and for the sale of such stock 
to pay any balance due thereon, and sue for and collect 
such balance due thereon, as may be deemed most expe- 
dient, and may likewise by by-law provide that unpaid 
shares of stock shall not be voluntarily transferred until 
the whole amount of such stock is paid in; and may 
proceed direct against the original subscriber or his 
assigns. 


54. The first meeting of the Company for the election 
of directors and organization under this charter, and for 
the transaction of any other business of the corporation, 
may be ealled at such time and place as shall be fixed by 
a written or printed notice, signed by any one or more 
of the corporators named in the first Section of this act, 
and personally served on the other corporators named in 
said first Section of this act, or upon publishing said notice 
seven days in any newspaper printed in Louisville; at 
which time and place those corporators named as afore- 
said, who shall. meet at said time and place, shall 
constitute a quorum for doing business, and who may 
choose directors for said Company, consisting of not less 
than three, nor more than seven members, who shall sev- 
erally hold their offices for one year and until others are 
chosen to act in their stead, unless sooner removed by 
the corporation or by death. An annual meeting of 
stockholders shall be had one year from the day on which 
the first or the preceding election of a board of directors 


doe 


GAS. 


shall have taken place for the election of a new board, 
unless it shall be a Sunday, in which case the Monday 
following; but the neglect or other fault of the Company - 
to so elect, or to do any other act required to be done by the 
Company, its stockholders, or directors shall not work a 
forfeiture of this charter, or of the privileges and advan- 
tages under the same; and in case of a removal or holding 
over their terms, such board of directors may be elected 
at any special meeting of stockholders. Special meetings 
of stockholders may be called by the president of the 
Company, or in case of his absence, neglect, inability, or 
refusal to act, by any of the stockholders who shall hold 
one third of the shares of stock, of which ten days’ pre- 
vious notice shall be given in a newspaper printed in The 
City of Louisville, as provided by the by-laws of said 
Company. Atany meeting of stockholders two thirds of 
the shares of stock shall be represented, in person or by 
proxy, to constitute a quorum to do business; and a single 
vote for each share shall be cast in person or by proxy at 
such meeting; but any number of shareholders may 
adjourn such meeting from time to time until a quorum 
shall be present. 


99. The board of directors shall choose a president and 
treasurer from among their number, who shall hold 
their office one year, or until others are chosen and 
qualify, and may choose such other officers as they may 
deem expedient, who shall give bonds to the Company 
for the faithful performance of their duties in such sum 
and with sureties as shall be satisfactory to the board. 
The board shall have the immediate government of the 
property, business and affairs of the Company, and shall 
meet as often as they think proper, the president presid- 
ing, and, in case of an equal division, having a casting 
vote; a majority of the board constituting a quorum, and 
the board of directors or the president and treasurer, 
when authorized by the board of directors, shall have 
power to make contracts, to manage and dispose of the 
property and funds of the Company in such manner as 


GAS. 


3093 


they shall deem for the interest of the shareholders; and 
the board shall receive no compensation for their, services 
unless voted them by the stockholders; and the directors 
shall make such dividends annually of the profits, if any, 
as to them shall seem proper. 


86. In all proceedings at law or in equity in which 
this corporation shall be a party, the leaving of an attested 
copy of any process with the treasurer, or person acting 
as such, or at his usual place of business with some 
person of suitable age and discretion, shall be deemed 
sufficient service thereof. 


97. The said Company shall have power to issue its 
bonds, to extend its works and pipes, to an amount not 
exceeding one half the amount of capital stock actually 
paid in at the time. 


98. If any person shall willfully or maliciously do or 
cause to be done any act whatever whereby the works of 
said Company or any part thereof, or any pipe, conduit, 
plug, cock, reservoir, or any engine, machine, meter, or 
structure, or any matter or thing appertaining to the same, 
shall be injured, destroyed, stopped, obstructed, impaired, 
weakened, or interfered with, the person so offending 
shall forfeit and pay said Company double the amount of 
damages sustained by means of such offense or injury; 
to be recovered in an action of debt, to be brought in the 
name of said Company in any court of competent juris- 
diction, together with costs of suit. 


599. Any person or persons who shall willfully or fraud- 
ulently injure or suffer to be injured any pipes, fittings, 
or meters belonging to this corporation, or prevent any 
meter from duly registering the quantity of gas supplied 
through the same, or shall alter the index of any such 
meter, or in any way hinder or interfere with its proper 
action or just registration, or shall fraudulently burn the 
gas of this corporation or waste the same, shall for every 
such offense forfeit and pay to the corporation the sum 
of twenty-five dollars, and in addition thereto shall pay 


do4 


GAS. 


An act to 
amend an act 
entitled An act 
to incorporate 
the Citizens’ 
Gas-Light Co. 
of Louisville. 
Approved Mar. 
2 ASt 25 ae 
proved Mar. 8, 
1884. 


to said corporation the amount of damage by them sus- 
tained by reason of such injury, prevention, waste, 
consumption, or hindrance. 

69. Any person duly authorized in writing by this 
corporation, over the signature of the president or treas- 
urer, at all proper times of the day, may, on presenting 
such written authority, enter any dwelling, store, room, 
place, or building supplied with lighting apparatus by 
this corporation, for the purpose of inspecting and exam- 
ining the meters, pipes, fittings, and works for supplying 
and regulating the quantity of gas consumed or supplied, 
and, in case of non-payment of any sum due for gas pre- 
viously supplied according to his or their contract with 
this corporation, to prevent and stop the gas from enter- 
ing the premises of such person or persons, and take and 
carry away any such meter, pipe, fitting, or other works 
from the mains or pipes of this corporation. 

61. This act shall take effect from and after its passage, 
and be and continue in force for the term of fifty years. 


62. An act entitled ‘‘An act to incorporate the Citi- 
zens’ Gas-Light Company of Louisville,’ approved 
March 21, 1872, is hereby so amended that the capital 
stock of said Company may be increased not in excess of 
five millions of dollars, and that said Compay shall have 
the power and authority to issue its bonds not in excess 
of two and one half millions of dollars, with semi-annual 
interest-coupons thereto attached, not to exceed six per 
centum per annum, payable at such times and places as 
may be named in the body thereof, and to secure the 
payment thereof by executing one or more mortgages to 
one or more trustees, for the common benefit of the 
holders of its bonds, upon its real and personal property, 
and franchises, rights, and privileges. 

63. Said Citizens’ Gas-Light Company shall have the 
power to acquire, by purchase or otherwise, the control 
of, and buy, own, and hold stock in any other gas company 
or companies in this commonwealth, upon such terms as 
may be agreed upon. 


GAS. 


64. The Citizens’ Gas-Light Company of Louisville, 
Kentucky, shall be exempted from City taxes on its 
property and effects; Provided, its prices for public and 
private lights are not in excess of the prices charged by 
the Louisville Gas Company or any other gas company 
that may be hereafter established in The City of 
Louisville. 


65. Provided, that the exemption from taxation herein 
provided shall expire the first day of January, 1889. 


66. The Citizens’ Gas-Light Company, organized under 
a charter of the General Assembly of the Commonwealth 
of Kentucky, approved March 21, 1872, entitled ‘‘An act 
to incorporate the Citizens’ Gas-Light Company of Louis- 
ville,’ as organized with George Ainslie, president, Samuel 
L. Avery, Thomas Coleman, James Todd, Samuel Russell, 
John G. Barrett, and H. Victor Newcomb as directors, is 
hereby granted the right, so far as The City of Louisville 
has the legal right so to do, to establish a gas-works and 
lay down its pipes and mains in and along the streets, 
alleys, and public ways of The City, and make such other 
connections and arrangements as may be needful and 
necessary for the supply of gas to the citizens or City for 
a period of twelve years from the date of the passage of 
this ordinance, upon the followmg express conditions, to 
wit: First: That any and all pipes, mains, and connec- 
tions in and along the streets, alleys, or public ways, 
shall be laid subject to ordinance or resolution of the 
General Council under the supervision of the City Engi- 
neer. Second: That said Company shall not charge a 
greater price for gas to consumers, at the present cost of 
production, than two dollars per thousand cubic feet, and 
any advance over two dollars per one thousand cubic feet 
shall be only in proportion to increased cost of produc- 
tion; and in the event the net profits of the said Company, 
at the rate of two dollars per one thousand cubic feet, 
exceed ten per cent. per annwm upon the paid-up capital 
stock of the Company, the price shall be accordingly re- 
duced. The quality of gas to be equal to sixteen sperm- 


An act con- 
cerning the 
Citizens’ Gas- 
Light CFOn On 
Louisville. Ap- 


proved May 5, 


1884. 


Ordinance, 
passed Dee. 15. 


1877. 
et Seq. 


peak, 


306 


GAS. 


aceti candles’ illuminating power. Third: That if at any 
time The City of Louisville may elect, the Citizens’ Gas- 
Light Company shall supply the public lights of The 
City with gas, and it shall not charge The City more than 
the actual cost of production, which shall be determined 
in the folowing manner. By dividing the number of feet 
of gas made into the sum of the following items, after 
deducting the gross amount of residuals or other materi- 
als sold, to wit: Coal carbonized, including all charges 
for storage and handling, and loss on same; me or 
other agent used in purifying, including all charges for 
storage and handling, and loss on same; wages, salary 
of superintendent and two clerks at works and the men 
engaged at the works in the production of gas; repairs 
to the works (not including extensions or betterments), 
including materials actually used and labor actually per- 
formed; all taxes on works. Deduct coke, tar, breeze, cr 
other material actually sold. And the said Company 
shall make semi-annual statements of the actual cost of 
manufacturing gas to the Mayor and General Council, 
and the books from which said statements are compiled 
shall be subject to invesigation of the Mayor or any com- 
mittee: of the General Council. Fourth: That in the 
event of the said Company furnishing gas for the public 
lights, the amount of gas so consumed shall be ascer- 
tained by placing a meter to each one hundred gas 
lamps, to be equally distributed throughout The City, 
and located with proper reference to the highest and 
lowest levels of the mains, which shall be lighted and 
extinguished at the hottr of lighting and extinguishing 
the public lights, and the average amount of gas so 
consumed shall be the maximum to be charged for all 
public lights of The-City. Fifth: That said Company 
shall not require a deposit from gas consumers. Sixth: 
That said Company shall extend and lay its pipes 
wherever the gas subscribed for and to be sold shall pay 
sufficient profit to equal six per cent. on the cost of such 
extension. Seventh: That said Company shall consent 


GAS. 


to the appointment by the General Council of a compe- 
tent inspector of all meters to be used by said Company 
that may register incorrectly, so that consumers shall 
only be required to pay for gas actually consumed by 
them or passing through their meter. Eighth: That said 
Company shall be subject to all regulations or require- 


ments of The City now required of the Louisville Gas 


Company, and any just or reasonable legislation that may 
be enacted by the General Council hereafter for the reason- 
able protection of The City and citizens. Ninth: That 
said Company shall proceed as rapidly as practicable to 
establish its works and lay down its pipes and mains 
after the passage of this ordinance, provided the said 
Company shall have erected its gas-works, laid its mains, 
and be prepared to supply the citizens with gas within 
two years after the approval of this ordinance; and this 
ordinance and all rights and privileges granted thereun- 
der shall be null and void should said Company fail to 
keep or perform each and every provision of this ordi- 
nance in each and every particular. Tenth: That for the 
faithful performance of all the provisions of this ordi- 
nance the Citizens’ Gas-Light Company shall execute a 
bond with good security to the amount of $75,000, to be 
approved by the Mayor and General Council. And that 
within the two years there shall be an investment made 
by said Company in works and mains equal in value to 
the sum of $75,000. 


67. Nothing herein granted or authorized shall be con- 
strued as making The City liable for any damage by 
reason of any right or privilege heretofore granted to, or 
now existing with, the Louisville Gas Company. 


kes See ENGINEER— PuBLIC WaAys. 


bo 
bo 


The charter, 
act of March 38, 
1870. Sec. 8. 


Oi ws Bal ed Ba a Oh" 


GENERAL COUNCIL 


CO" NTE Ne Sg 


1. The local legislative power 
vested in the General Council; quali- 
fications and eligibility of mem- 
bers; vacancies in membership. 

2. The offices of member of the 
Council and notary-public may be 
held at the same time. 


3. Popular representation in the 


| 
| 


Council; election and term of ser- | 


vice of members. 


4. Terms of Aldermen first | 


elected. 
5. Presidents. 


16. Propositions for raising money; 
amendments. 


17. Exemptions and exclusive 
privileges restricted. 

18. General ordinance-power. 

19. Regulation of disbursements. 


20. Power to impose fines for mis- 
demeanors. 


21. Dog laws. 


22. Specific powers of the General 


| Council enumerated. 


6. Control to be exercised by each | 


Board over its members. 


7. Quorum; enforcement of at- | 


tendance. 
8. Clerks and sergeants-at-arms. 
9. Public records. 
10. Place of meeting. 


11. Election of members 
Jouncil; meetings; adjournments. 


of the | 


12. Elections and terms of Coun- | 


cilmen. 


13. Members exempt from jury | 
and military service. 


14. Vacancies. 


15. The manner of passing ordi- | 


nances regulated. 


23. May pass ordinances to enforce 
the observance of Sunday. 


24. Secret-service fund. 


25. Freedom of The City; 


sup 
plies to the poor. 


26. Oath of members of the Coun- 
ceil. 

27. Place of meeting. 

28. Clerks of the Council. 

29. Clerk of the Board of Alder- 


| men; duties, ete. 


30. Clerk of the Board of Council- 
men; duties, etc. 


31. Clerks’ fees for copies. 


32. The making out and registry 


| of apportionment warrants. 


1. The legislative power shall be in a Board of Coun- 
cilmen and Board of Aldermen, styled ‘‘The General 


Council of The City of Louisville;’’ 


members of which 


shall be white male citizens. of the United States, 


GENERAL COUNCIL. 


residents of said City three years next preceding their 
election, bona fide residents of the wards for which they 
are chosen, housekeepers or owners of real estate in 
said City, hold no other civil office,! nor be directly or in- 
directly interested in any contract with said City or in any 
application therefor, or a candidate for or hold any office 
or employment for pay in any company or corporation 
which holds or is an applicant for any contract with said 
City, the terms, rates, or prices of which are subject to 
modification or enforcement by the General Council, nor 
be in arrears to The City for money collected or held 
without a settlement or guiéetus therefor. Stockholders 
in other corporations may be eligible, but shall not 
vote or interfere directly or indirectly with any matter or 
question affecting any contract between such company 
and The City, or right or duty under the same. Alder- 
men shall have attained thirty and Councilmen twenty- 
four years of age. The absence of any of these qualifica- 
tions shall render a person ineligible as a member of 
either Board. Said Council shall so declare and proceed 
to fill the vacancy. 


2. So much of the act entitled ‘An act to establish a 
new charter for The City of Louisville,’ approved March 
3, 1870, as makes the [holding of the] office of notary- 
public and that of Councilman or Alderman of the General 
Council of said City [at the same time, by the same per- 
son, | unconstitutional is hereby repealed. 


3. Representation shall be equal and uniform, and 
regulated by the number of inhabitants, to be ascertained 
by the census to be made in 1870, and every ten years 
thereafter; but, for the purpose of equalizing the wards, 
the General Council may cause enumerations to be 
made at shorter periods; and after each enumeration 
they shall lay off said City into twelve wards as nearly 
equal as practicable in population. The qualified voters 


1See the next succeeding Section. 


339 


An act to 
amend an act 
entitled An act 
to establish a 
new charter for 
Ther Ore ye of 
Louisville, ap- 
proved Mar. 3, 
1870. Approv- 
ed April- 20, 
18738. 

The charter, 
act of Mar. 3, 
18702, Bec: 4, 
et seq. 


340) 


GENERAL COUNCIL. 


SS 


of each ward shall elect two Councilmen and one Alder- 
man; the Alderman to serve two years and the Council- 
men one year from their general election. 


4. The Aldermen first elected under this charter shall 
divide themselves by lot into two classes; the seats of 
the first class shall be vacated at the end of one year, of 
the second class at the end of two years from their gen- 
eral election; and the vacancies thus made shall be filled 
by the qualified voters in the ward at the next annual 
election for members of the General Council. 


d. Each Board shall elect from its members a president 
thereof for one year; in his absence a president pro fem. 
shall be chosen from the members. 


6. Each Board shall judge the eligibility and election 
returns of its members, adopt rules for its proceedings, 
and punish its members for disorderly conduct; and, two 
thirds of the members elect concurring, may expel a 
member; but not twice for the same cause. ? 


2 Joint Rules of the General Council | July, 1S84].—1. In all joint meetings 
of the two Boards the president of the Board of Aldermen shall preside, and 
the proceedings shall be conducted, as near as may be, according to the rules 
of the Board of Aldermen. 

2. In every case when an amendment of any ordinance or resolution is 
agreed to in one Board and not assented to in the other Board, it either 
Board shall request a conference and the other Board appoint a committee to 
confer, said committees shall, at a convenient time, to be agreed upon by 
their chairmen, meet and consult together and report their action to their re- 
spective Boards. 

3. When a message shall be sent from either Board it shall be announced 
at the door by the messenger, and shall be respectfully communicated to the 
president by the person by whom it is sent. 

4. While ordinances, resolutions, efc., are on their passage between the two 
Boards, they shall be under the signature of the clerks of their respective 
Boards. 

5 After an ordinance or resolution has passed both Boards it. shall be 
indorsed by the clerk of each Board, over whose signature shall also be 
stated the respective dates when the same was acted on by the respective 
Boards. 

6. When the ordinance and resolution are so indorsed they shall be 
delivered to the City Attorney, whose duty it shall be to examine the same 
and approve or disapprove the same by his indorsement thereon, after which, 


GENERAL COUNCIL. 


7. A majority of the members elect shall constitute a 
quorum of either Board, but a smaller number may 
adjourn from day to day; and the attendance of members 
may be enforced by rules or ordinances, with appropriate 
fines, not exceeding ten dollars. 

8. Each Board shall elect its clerk, and may elect a 
sergeant-at-arms, define their duties, and fix their pay. 


if found duly passed and in conformity with the law, they shall be presented 
to the Mayor for his approval, when, by the charter, he is required to approve, 
and shall also be presented for the signature of the president of each Board 
of the Council. 

7. When the Board of Aldermen and the Board of Councilmen shall 
judge it proper to make a joint address to the Mayor, it shall be presented to 
him in his office by the president of the Board of Aldermen in the presence 
of the president of the Board of Councilmen. 

8. When an ordinance or resolution which shall have passed in one Board 
is rejected in the other, notice thereof shall be given by the clerk to the 
Board in which the same passed. 

9. When there is a communication from the Mayor, or a message from 
either Bourd, it shall be received without delay. If the Council be in com- 
mittee the president shall resume the chair, and if any member be speaking 
he shall take his seat until the communication or message be received; and 
when any papers may come officially before either Board they shall as soon 
as acted on lay the same before the other Board. 

Rules of the Board of Aldermen [ July, 1884].—1. The stated meetings of the 
Board of Aldermen shall be held in their chamber, corner of Sixth and 
Jefferson streets, in every two weeks, and at such other times as may be 
designated by adjournment, to be opened at such hours as the Board may 
from time to time prescribe, and seven members shall constitute a quorum 
to do business. 

2. The president shall take the chair at the time appointed for the Board 
to meef, and shall call the members to order, and on the appearance of 
a quorum shall caause the journal of the preceding meeting to be read, and 
no objection being made, it shall be considered approved, when the Board 
may proceed to business. 

3. In case the president shall not attend, the Clerk, on the appearance of a 
quorum, shall call the Board to order, when a president pro tem. shall be 
be appointed by the Board for that meeting or until the appearance of the 
president. 

4. It shall be the duty of the president to preserve order, and if any mem- 
ber transgress the rules of the Board the president shall, or any member may, 
call him to order, in which case the member called to order shall at once take 
his seat unless permitted to explain. The president may speak to the points 
of order in preference to other members. He shall decide all questions ot 
order, subject to an appeal to the Board. 

5. The president shall vote upon all questions, and when the yeas and nays 


341 


342 


GENERAL COUNCIL. 


The charter, 
act of Mar. 3, 
1870. See. 5 
et seq. 


9. All records, official proceedings, and papers of the 
Board of Trustees of Louisville, of the Mayor and Coun- 
cil and other officers under the first incorporation into a 
City, those under the charter of 1851, and those of the 
Mayor and General Council and other officers under this 
charter, are hereby declared public records, and as such 
shall be preserved and be entitled to all the faith and 


are called, the president shall first be called, and then the members by wards, 
beginning at the upper ward, and if the vote be equally divided, the question 
shall be lost. 

6. Whenever the president may wish to leave the chair he shall have 
power to substitute a member in his place, provided the substitution shall not 
continue beyond the day on which it is made. 

7. Every member present when a question is put shall vote unless the Board 
shall for special reasons excuse him. 

8. Every motion, resolution, or proposition shall, if the president or any 
member of the Board require it, be reduced to writing. 

9. No ordinance shall be sent from this Board for concurrence on the same 
day on which it passed this Board, nor shall any ordinance sent to this Board 
from the other Board for concurrence be acted upon to its final passage the 
same day it passed the other Board. 

10. When a motion is made and seconded it shall be deemed to be in 
possession of the Board, and shall be stated by the president, or if in writing, 
may be read by the mover or handed to the clerk to be read by him previous 
to debate. ) 

11. When a question is under debate no motion shall be received unless to 
adjourn, to lay on the table, for the previous question, to postpone to a 
certain time, to commit, to amend, or to postpone indefinitely. These 
several motions shall have precedence in the order in which they are enumer- 
ated. 

12. A motion for amendment until it is decided, shall preclude all other 
amendments, but shall not preclude members from reading substitutes or 
amendments for the information of the Board, previous to the decision 
on the preceding amendment, and every amendment’ or substitute shall 
be reduced to writing. But no amendment which tends to destroy the 
general sense of any clause or motion shall be admitted, nor shall a motion 


or proposition different from that under consideration be admitted as an - 


amendment. 

13. A motion or resolution may be withdrawn at any time before action is 
had on it, by consent of the Board. 

14. All questions to be put in form: “All who are of the opinion that (as 
the question may be), say aye; those of a contrary opinion, no ;” 
doubtful cases the president may direct, or any member may call for, a di- 


and in 


vision. 
15. When a member is about to speak, he shall rise and respectfully address 
himself to the president, and the president shall pronounce the ward repre- 


GENERAL COUNCIL. 


credit of public records. And official copies thereof may 
be read in all courts with like effect as of other public 
records. 


10. The General Council shall hold their meetings in 
such separate rooms in said City as may be provided by 
ordinance, and the place shall not be changed but by 
ordinance passed by two thirds of the members of each 
Board voting therefor. 


sented by the member entitled to speak; and no member shall be allowed to 
speak except from his own desk, and standing. 

16. No member shall speak more than twice on any question, nor longer 
than ten minutes each time, without leave of the Board, nor more than once 
until every member of the Board choosing to speak shall have spoken. 

17. No member shall absent himself without permission from the presi- 
dent. , | 

18. A motion to adjourn shall always be in order, unless the Board is en- 
gaged in voting or a member speaking, and shall be decided without debate. 

19. The previous question shall be put in these words: “Shall the main 
question be now put?” and it shall be admitted on demand of two members, 
and until decided shall preclude all debate or amendment of the main ques- 
tion. 

20. Any member may call for a division of the question when the same 
shall admit thereof. : 

21. The first reading of an ordinance shall be for information, and if ob- 
jection be made to it, the question shall be: “Shall the proposition be re- 
jected?” If no objection be made, or the question to reject be lost, the ordi- 
nance proposed shall go to a second reading without further question. 

22. Upon a second reading of an ordinance, the president shall state it 
ready for commitment, amendment, or postponement. If no proposition is 


made to commit, amend, or postpone, the president shall put the question of 


passage: “As many as are of opinion that the ordinance should now pass, 
say yea; contrary, no.” 

23. An ordinance after commitment, or report thereof, may be recom- 
mitted at any time previous to its final passage. 

24. The yeas and nays shall be taken and recorded upon any question 
before the Board upon the call of any one member, and any member shall 
have the right to dissent from, and protest against, any ordinance, resolution, 
or order of the Board. 

25. Every ordinance shall be introduced by leave, or by order of the 
Board, or report of a committee; and no ordinance shall be passed or repealed, 


or contract or appropriation of money made except for the payment of 


salaries or money on account of contract adopted, or carrying out the 
powers of an ordinance, unless there are seven members voting in the 


affirmative. 


oO 
te) 


26. All ordinances appropriating money shall be investigated by the 
finance committee before their passage; and in case they are. presented 


343 


344 


GENERAL COUNCIL. 


11. On the first Tuesday in December of each year after 
1869, the General election for members of the General 
Council shall be held, and in one month thereafter they 
shall assemble, and they shall meet once in every two 
weeks, and not adjorn for a longer time, but may adjourn 
from day to day, and sit as long as business may require. 
When both Boards are in session one shall not adjourn 


without such investigation, they shall be referred without debate to the 
finance committee for consideration. 

27. In filling blanks the largest sum and the longest time shall be put 
first. 

28. All committees shall be appointed by the president unless otherwise 
directed by the Board. 

At the meeting of the Board the business shall be taken up in the 

following order, to wit: First, communications from City officials; second, 


* petitions and remonstrances; third, new claims against The City; fourth, 


reports from standing mn nitites) fifth reports from special committees . 
sixth, unfinished business; seventh, new business and business from the 
Board of Councilmen. No business shall be transacted during the call of 
committees unless by a vote of eight members of the Board. 

30. No personalities or reflections injurious to the feelings or harmony of 
the Board, or any member thereof, shall be tolerated; and the member 
indulging in any such personalities shall be called to order by the president 
or any member; and no member shall absent himself from the Board while 
in session without leave from the president. 

31. Whenever the doors are directed to be closed, all persons, except 
members, and clerks, and sergeants-at-arms, shall retire. 

32. The president nor any member of the Board shall be named in debate 
or during the session of the Board by name, but shall be designated by the 
ward such member represents. 

33. Every member on presenting a paper'to the chair shall first state its 
general purport. 

34. This Board may at any time resolve itself into a committee, of the 
whole on the state of The City. 

35. In forming a committee of the whole the aresoont shall leave the 
chair, and the chairman to preside in said committee shall be appointed by 
the president. 

36. All amendments made to the original proposition in committee of the 
whole shall be incorporated with it and so reported. 

37. The rules governing the Board of Aldermen shall be observed in 
committee of the whole so far as they are applicable. 

38. A motion for the rising of the committee shall always be in order 
unless a member is speaking, and shall be decided without debate. 

39. The Standing Committees on Finance, Streets, E. D.; Streets, W. D 
Sewers, E. D.; Sewers, W. D.; Contracts, Police, Fire Department, Wharf, 
Courthouse and Public Buildings, Railroads, Revision, Education, Gas and 


GENERAL COUNCIL. 


without the concurrence of the other for a longer time 
than twenty-four hours. If they can not agree upon an 
adjournment, the Mayor shall adjourn them to a day not 
beyond the regular time of meeting. 

12. At the next election for City Council there shall be 
elected two Councilmen from each ward of said City. 
The one receiving the largest number of votes cast shall 


Water, Public Charities, Health, Public Works, Assessments, Elections and 
Bonds, Public Printing, Grievances, Cemeteries, Taverns and Coftee-houses, 
E. D., Taverns and Coffee-houses, W. D.; Street Improvements, and Law 
shall be appointed annually by the president at the first regular meeting 
after organization, and each committee shall consist of two members, except 
the Street Improvement Committee, which shall consist of four members, 
and the Committee on Fire Department, which shall consist of a number 
equal to the number which shall compose said committee in the Board of 
Councilmen, and shall be appointed for one year. 

40. All propositions, petitions, resolutions, accounts, or other matter 
connected with The City shall be referred to the appropriate standing com- 
mittees, unless otherwise disposed of by the Board. 

41. Committees appointed to report on any subject referred to them by 
the Board shall report the facts in relation to the subject referred, with their 
opinion thereon, and when so directed shall commit the same to writing, and 
shall attach thereto all resolutions, petitions, remonstrances, and other papers 
relative to the matter referred. 

42. When a motion has been carried or lost it shall be in order for any 
member who has voted with the majority to move a reconsideration, and in 
case the motion be made at the same meeting it shall be competent for a 
majority of the members present to pass a vote of reconsideration. But if it 
be made at a subsequent regular or called meeting, the subject shall not be 
reconsidered unless a majority of all the members of the Board shall vote 
therefor. No more than one motion for the reconsideration of any vote shall 
be permitted. 

453. No ordinance or resolution for the expenditure of money will be enter- 
tained by this Board after the appropriation for the purposes referred to in 
said ordinance or resolution has been exhausted. 

44. No person except members, City officers, reporters of the City press, 
and persons by special invitation of members shall be admitted within the 
bar of the chamber, nor shall there be any smoking within the chamber 
during the sitting of the Board. And it shall be the imperative duty of the 
sergeant-at-arms to enforce the rules in these respects, and obey strictly all 
commands of the president. 

45. In the absence of a standing rule the Board shall have reference to 
“ Cushing’s Manual.” 

46, The foregoing rules, nor any of them, nor any part thereof, shall be 
suspended, changed, modified, repealed, or amended without the concurring 
vote of eight members of the Board, but any rule may be suspended for the 


345 


An act to 
numend an act 
entitled An act 
establishing a 
new charter for 
The City of 
Louisville, 
approved Mar. 
83,1870. Ap- 
proved March 
3.1871. “see. 2. 


346 


The charter 
act of March 8, 
Loe Oe So eC.46 
et seq. 


GENERAL COUNCIL. 


hold his office for the period of two years; the one receiv- 
ing the next highest number of votes shall hold his office 
for one year; and ever thereafter there shall be elected 
one Councilman in each ward at the regular annual elec- 
tion, who shall hold his office for two years. ® 

13. Members of the General Council shall be exempt 
from serving on juries, from military duty during their 


3 Under the charter of The City of Louisville the Common Councilmen 
are chosen for only one year and the Aldermen for two years from the day 
of their general election. They can not hold over beyond that period and 
their acts, resolves, and ordinances, as legislative officers of The City, after 
the expiration of their terms of office, are void and in no wise operative or 
binding upon The City.—City of Louisville v. Higdon, 2 Met., 526. In this 
case a Board of Common Councilmen were elected at the general City election 
April 4, 1857, and organized for business on the tenth of the same month; 
on April 6, 1858, they concurred in a resolution which had, on March 18th, 
passed the Board of Aldermen; a new Board of Councilmen were elected at 
the general election on April 3, 1858, who organized for business on April 
8th; and it was held that the resolution was inoperative and void because the 
terms of office of the Councilmen concurring in its passage had expired on 
April 4, 1858.—Ib. 


time by a majority of the Board in session, that majority being seven 
members. 

Standing Rules of the Board of Councilmen [July 1884].—The president 
with three members of the Board of Councilmen shall be a sufficient number 
to adjourn, five to call a Council and send for absent members, and make an 
order for their censure and impose a fine, and a majority of said Board to 
proceed to business. 

2. The president shall take the chair at every meeting at the hour to 
which the Council had adjourned at the preceding meeting; he shall imme- 
diately call the members to order, and on the appearance of a quorum he 
shall cause the journal of the preceding meeting to be read, and when approved 
shall at once be signed by the president in the presence of the Council, before 
proceeding with any other business. 

3. He shall preserve order and decorum, may speak to points of order in 
preference to other members without rising from his chair for that purpose. 
He shall decide questions of order, subject to an appeal to the Council on the 
request of two members. 

4. Business of the Council shall be: First, reading of minutes of the pre- 
ceeding meeting; second, communications from the Mayor and other City 
officers; third, reports of standing committees in order in which they stand; 
fourth, new business, to be called by wards, commencing at the Sixtb and 
Seventh wards, alternately, in regular order until all the wards are called; 
fifth, reports from select committees; sixth, new and unfinished business. 


GENERAL COUNCIL. 


term, and for anything said in debate they shall not be 
questioned elsewhere. 
14. Vacancies in either Board shall be filled by election 
in joint session for the remainder of the term vacated. 
15. No ordinance shall be passed until it shall have 
been read in each Board at two several meetings and free 
discussion allowed thereon, unless this provision be sus- 


5. If the order of business is not gone through at any meeting, it shall be 
the duty of the president to commence where he left off at the previous 
meeting. 


6. Questions shall be distinctly put in this form, viz: “All you who are of 


opinion that (as the question may be), say aye; you of the contrary opinion, 
say 10. 

7. If the president doubt, or if a division be called for, the Council shall 
divide. Those of the affirmative of the question shall first’ rise from their 
seats, and afterwards those in the negative. The president shall thereupon 
decide, subject to an appeal to the Council. 

8. The president shall vote upon all questions, and when the yeas and nays 
are called the president shall first be called, and if the Conncil be equally 
divided the question shall be lost. 

9. The president shall have the right to name any member to perform the 
duties of the chair, but such substitution shall not extend beyond an adjourn- 
ment. He may participate in debate when out of the chair. 

10. The Council, in the absence of the president, may appoint some one of 
its members president pro tempore during said absence. 

11. The president shall appoint the following standing committees, viz: 
A Committee on Finance, a Committee on- Revision, a Committee on Rail- 
roads, a Committee on Streets for the Eastern District and also one for the 
Western District, a Committee on Fire Department, a Committee on Police, 
a Committee on Contracts, a Committee on Courthouse and City Buildings, 
a Committee on Printing, a Committee on Assessments, a Committee on 
Sewers for the Eastern District and also one for the Western District, a 
Committee on Wharf, a Committee on Gas and Water, a Committee on 
Taverns and Coffee-houses for the Eastern District and also one for the 
Western District, a Committee on Public Works, a Committee on Elections, 
a Committee on Health, a Committee on Bonds, a Committee on Education, 
a Committee on Public Charities, a Committee on Grievances, a Committee 
on Immigration, a Committee on Cemeteries, a Committee on Street Im- 
provements. Nocommittee shallsit during the session of the Council acccept 
the Committee on Revision without the leave of the Council. 

12. The committee on taverns and coftee-houses shall have privilege to 
report at any time. 

Debate.—13. When a member is about to speak in debate or deliver any 
matter to the Council, he shall rise and respectfully address himself to Mr. 
President. 


14. If any member, in speaking or otherwise, transgress the rules of the 


O47 


048 


GENERAL COUNCIL. 


pended by a vote of two thirds of all the members elect 
of the Board in which the proposed ordinance is pending. 
No ordinance shall embrace more than one subject, and 
that shall be expressed in its title. No ordinance shall 
be altered or amended in any way except by repealing 
ARR 

16. Propositions for raising money must originate in 


4In reference to the requirement that ordinances shall not be passed by 
both Boards of the Council at the same meeting, see Broadway Baptist 
Church et al. v. McAtee § Cassily et al., 8 Bush, 508, and Oyler v. City of 
Louisville, quoted under chapter xx1x. 


Council, the president shall, or any member may, call to order such member, 
and any member so called to order shall immediately sit down, unless per- 
mitted to explain; and the Council, if appealed to, shall decide on the case 
without debate. If the decision shall be in favor of the member called to 
order, he shall be at liberty to proceed; if against him, and the case requires 
it, he shall be liable to the censure of the Council. 

15. When two or more members rise at the same time to speak, the presi- 
dent shall name the first to speak. 

16. No member shall speak more than twice on the same question without 
leave of the Council, nor more than once until every member in the Council 
choosing to speak shall have spoken; and no member shall speak longer than 
five minutes without leave of the Council. 

17. Whilst the president is putting a question or addressing the Council, 
none shall walk across or out of the Council; neither, in such case, when a 
member is speaking, shall any entertain private discourse, nor while a mem- 
ber is speaking shall any pass between him and the president. 

18. Every member who shall be in the Council when a question is put 
shall vote on one side or the other, unless the Council, for special cause, shall 
excuse him. 

19. When a motion is made and seconded it shall be stated by the presi- 
dent, or being in writing, shall be handed the chair and read aloud by the 
clerk. Every motion shall be reduced to writing if the president or any 
member desire it. 

20. After a motion is stated by the president or read by the clerk it shall 
be considered in possession of the Council, but may be withdrawn at any 
time before a decision or amendments by the mover thereof. 

21. When a question is under debate no motion shall be received unless 
to amend it, commit, postpone it, for a call of the question, or for the previous 
question, or to adjourn, or to lay on the table. ; 

22. When a call of the question is moved and seconded, the question from 
the chair shall be, “Shall the call of the question be sustained?” and if the 
majority vote in the affirmative the chair shall then take a vote on the 
preceding proposition. 


GENERAL COUNCIL. 


the Board of Councilmen; but the Board of Aldermen 
may proposeamendments thereto, as in other propositions, 
provided they do not, under color of amendment, intro- 
duce matter not relating to the subject. 


17. No individual, company, or corporation shall be 
exempt from duties or burdens borne by others, nor 


23. The previous question being moved and seconded, the question from 
the chair shall be, “Shall the main question be now put?” and if the nays 
prevail, the main question shall not then be put, but a refusal to sustain the 
previous question shall not bar the Council from proceeding forthwith to the 
consideration of the subject. The effect of the previous question shall be to 
put an end to all debate, bringing the Council to a direct vote upon the 
amendments reported by a committee, if any, then upon pending amend- 
ments, and then upon the main question. 

24. Any member may call for the division of a question when the sense 
will admit of it. 

25. A motion for amendment, until it is decided, shall preclude all other 
amendments of the main question. 

26. A motion to adjourn shall always be in order, unless the Council is 
engaged in voting, and shall be decided without debate. 

27. Motions and reports may be committed at the pleasure of the Council. 

28. No motion or proposition on a subject different from that under con- 
sideration shall be admitted under color of an amendment. 

29. In all cases of election there shall be a previous nomination by some 
member of the Council. 

30. If a question pending be lost by adjournment of the Council and 
revived on the succeeding meeting, no member who has spoken twice at the 
previous meeting on said question shall speak on said question again without 
leave. 

31. Petitions, memorials, and other papers addressed to the Council may 
be presented by any member in his place, who shall briefly state to the Coun- 
cil the contents thereof, which may be received, read, and referred on the 
same day to the appropriate committee. 

32. On a call of the Council for the yeas and nays on any question pend- 
ing, the names of the members shall be called alphabetically, which call may 
be made at any time, whena division or count may be had. 

33. On the call of the Council the door shall not be shut against any mem- 
ber until his name shall be twice called, and then the absentees shall be noted 
down by the clerk. 

34. No member while in debate shall name any other member present. 

35. A motion to proceed or dispense with the orders of the day, to dispense 
with any rule of the Council, to take up an ordinance or resolution out of its 
regular order, shall require a majority of two thirds of the members elect; to 
commit or recommit shall be propounded without debate. A motion to re- 
consider a vote shall not be made after the next meeting of the Council at 
which such vote was adopted. 


d49 


GENERAL COUNCIL. 


shall any exclusive privilege or immunity whatever be 
eranted, except as may be herein expressly allowed. 

18. The General Council shall have power to pass all 
ordinances necessary and proper to carry into effect the 
powers granted in this charter. ° 


5A motion for mandamus against a city council is virtually a proceeding 
against the corporation, and the judgment is obligatory on the members of 
the board of councilmen in office at the time of its rendition. It may 
assume the character of an individual proceeding, if it becomes necessary to 
enforce the orders of the Circuit Court by attachment or other process for 
contempt. But a change in the membership of the board does not so change 
the parties as to abate the proceeding. The constituent parts of the board 
may not be the same, but the representative body remains identical.— Maddox 
etal.v. Graham &§& Knox, 2 Met. 56. Where a city council is authorized and 
required by law to levy and collect a tax upon the real and personal prop- 
erty of the city sufficient in amount annually to pay off the interest upon 
bonds issued by the city in payment of a subscription of stock to a railroad 
company, and the Council refuse to do so, and there is no specific legal 
remedy provided for non-performance, mandamus may be maintained to 
compel them to discharge that duty, at the instance of holders to whom the 
bonds have been passed by the company. Nor is an express refusal necessary 
to put the defendants in fault, it will be sufficient that their conduct makes 
it apparent that they do not intend to do the act required—Jb. A manda- 
mus was awarded against the trustees of Catlettsburg to compel them to 
repair a street so as to prevent its being washed away by the waters of the 
Ohio and Big Sandy rivers, the duties of repairing the streets being in 
view of the peculiar facts deemed ministerial rather than legislative 
Trustees of Catlettsbwrg v. Kinner and others, 13 Bush, 334. See the cases of 
Lowisville v. Kean, 18 B. Mon., 10, and Kaye v. Kean, 18B. Mon., 839. And 
it was declared that where it is expressly made.a city council’s duty to keep 
streets in repair and the streets were suffered to get very much out of repair 
a writ of mandamus might issue to compel the council to have the streets 
repaired.— Hammar et al. v. City of Covington, 3 Met., 494. 


36. The chairman of a committee to whom is referred any subject for 
investigation shall submit the report of the committee at the next regular 
meeting of the Council, or within a reasonable time thereafter; and all 
reports, whether in favor of or against any matter referred, shall be in writing 
if required by the president; and in all cases where the report is against the 
questions referred, the reasons for said report shall be given, but this rule 
shall not interfere with the right to move a reconsideration. 

87. All propositions, ordinances, or resolutions which have once been 
rejected by the Council shall not be again introduced unless by special leave, 
granted by 2 vote of a majority of the members elect. 

38. Every ordinance shall be read at two meetings of the Council, unless 
two thirds of the members elect shall vote for the dispensation of this rule. 


GENERAL COUNOIL. 


19. No money shall be drawn from the City treasury, 
except upon warrant of the Auditor, made in pursuance 
of appropriation by ordinance. 

20. The General Council shall have power to pass 
ordinances imposing fines not exceeding one hundred 


39. The first reading of an ordinance shall be for information. Unless the 
rules be suspended, that it may have its second reading, the ordinance shall 
be referred to its appropriate committee. 

40. Upon the second reading of the ordinance, the president shall state 
that it is ready for amendment or recommitment, and if there is no motion 
to amend or recommit, the question shall be on its passage. 

41. Upon the passage of any ordinance appropriating moneys, or for the 
paving and grading of any street, alley, or for the digging or walling of any 
well or cistern in said City, the yeas and nays shall be taken and recorded in 
full. 

42. No ordinance for the improvement of public ways shall be entertained 
by this Board unless the same be accompanied by a petition of the owners of 
a majority of the square feet of the ground liable, asking for the improve- 
ment. Provided, that this rule shall not apply to any ordinance recom- 
mended by the committee on streets for the district in which the public way 
to be improved may be situated, the committee stating that, by an actual ex- 
amination of the ground, they believe the improvement necessary. 

43. No ordinance or resolution for the expenditure of money will be en- 
tertained by this Board after the appropriation for the purposes referred to 
in said ordinance or resolution has been exhausted. 

Amending Rules.—44. No standing rule or order of the Council shall be 
rescinded or changed, or new rules introduced, unless notice of the motion 
thereof has been given at the preceding meeting. 

45. No standing rule or order of the Council shall be dispensed with unless 
two thirds of the members elect concur therein. 

46. No persons except members, City officers, reporters for the City press 
shall be admitted upon the floor of the Council chamber unless permitted by 
a vote of Council; nor shall there be any smoking within the chamber during 
the sitting of the Board. It shall be the duty of the sergeant-at-arms to 
enforce this rule, with such aid as may be necessary, to be detailed by the 
Chief of Police. 

47. No member shall leave the Council without special leave being 
granted. 

48. That the Council shall adjourn at 10:30 o'clock Pp. M., motions and 
resolutions to the contrary notwithstanding. . 

Committee of the Whole.—49. The Council may at any time resolve itself 
into a committee of the whole on the state of The City. 

50. In forming a committee of the whole the president shall leave the 
chair, and a chairman to preside in said committee shall be appointed by the 
president. 

51. All amendments made to the original proposition in committee of the 
whole shall be incorporated with it and so reported. 


The 


charter 


act of March 


3, 1870. 


Sec. 8. 


The charter, 
act of March 


3, 1870. 
104. 


See. 


GENERAL COUNCIL. 


dollars for any designated misdemeanor not provided for 
by the General laws of the commonwealth; but in cases 


where the general statutes of the commonwealth impose 


a fine not exceeding one hundred dollars, such fine may 
be increased by ordinance; but in no case shall a less 
penalty be provided by ordinance than that which is 
prescribed by the general statutes for the same or similar 
offenses. 

21, Said Council may, by ordinance, secure owners of 
dogs the same protection of them that is by law given to 
other property, and lay a direct annual tax upon them 
in such sum as they deem proper, and provide that when 
the tax is paid the owner may have the protection of 
them enforced during that year. 


22. The General Council shall have power to regulate 
the wharves and landings within the City Hmits, and the 
use of the same and charges therefor, and to improve, 
repair and extend them; to provide for the widening, 
deepening, and extending the harbors in front of The 
City; making basins and improvements and keeping them 
in repair, and to regulate the charges for the use of them; 
to establish and regulate ferries within The City, and 
prescribe the charges; to establish market-houses and 
markets and regulate the same, and pass all needful ordi- 
nances for this purpose; prevent forestalling, regrating, 
and engrossing, and vending unhealthy or impure articles 


52. The rules of proceeding in the Board of Council shall be observed in 
committee of the whole so far as they are applicable. 

53. A motion for the rising of the committee shall always be in order 
unless a member is speaking, and shall be decided without debate. 

54. No ordinance for streets, alleys, sidewalks, fire-cisterns, wells, or any 
other improvement to be paid for by property-holders, shall be acted upon 
by this Board unless accompanied by a petition signed by the owners of the 
property represented by the majority of the square feet taxable for the pro- 
posed improvement, unless indorsed as a recommendation by the respective 
committee in charge of said proposed improvement, then only after the 
ordinance shall have been registered in the City Engineer’s office, and 
indorsed by him. 

55. No resolution for footway crossings, for any kind of repairs to streets, 
alleys, sewers, catch-basins, bridges, gutters, covered water-ways, plank 


GENERAL COUNCIL. 


of any kind; at each market-house there shall be one 
market-master with police powers in addition to his other 
duties to be defined by ordinance; to prohibit the sale of 
fresh meats in small quantities in other places than in 
established market-houses; to prohibit wooden buildings 
where permanent buildings may be endangered thereby; 
to regulate the sale and handling of gunpowder and 
other inflammable or explosive substances; to regulate and 
protect the public ways, public grounds and buildings, 
and prevent encroachments upon them, and placing or 
leaving any obstructions upon them; to construct and 
repair bridges and culverts, and to pass all necessary 
ordinances with appropriate fines and penalties to enforce 
the provisions of this Section, to establish and control 
cemeteries according to law, and to acquire lands for that 
purpose, and provide by ordinance for the management 
and improvement of the same; to provide for the inspec- 
tion, weighing, measuring, or gauging of any article 
vendible within The City, and in what mode it shall be 
done; and to provide for placing numbers or other marks 
upon licensed vehicles, and prescribe the fees for such 
numbering or marking, and fines and penalties for failure 
of the owners to present their vehicles to be so numbered 
or marked. 


23. The General Council shall have power to pass ordi- 
nances to enforce the observance of the Sabbath, with 


walks, or any other kind of work to be paid for out of the general appro- 
priation, shall be acted upon by this Board unless recommended by the 
respective committee in charge of the proposed improvement, and then only 
after an estimate has been made upon its cost by the City Engineer, and its 
location, classification, and cost registered in the City Engineer’s office, and 
indorsed by him. 

56. All petitions for license for coffee-houses or taverns shall be made to 
the Council direct, and shall be referred to the proper committee for action 
who shall report at the next regular meeting. 

57. All petitions for sidewalks shall be made to the Council direct, and 
shall be referred to the proper committee for action, who shall report at the 
next regular meeting. 

58. In the absence of a standing rule, the Board shall have reference to 
“ Cushing’s Manual.” 

23 


The charter, 
act of Mareh 


3, 1870. 
AT, 


Sec. 


GENERAL COUNCIL. 


The charter, 
act of March 
3, 1870. Sec. 
109 et seg. 


Ordinance: 
approved Apr: 
2, 1856. 


appropriate fines and penalties; but those conscientiously 
observing another than the Christian Sabbath may be 
allowed to do so. 


24. The General Council may annually set apart a 
sum, not exceeding one thousand dollars, as a Secret 
Service Fund, to be at the disposal of the Mayor, and 
any surplus of said fund not disposed of at the end of 
the fiscal year shall be returned by the Mayor to the 
treasury, and by him reported to the General Council. 


29. The General Council may grant the freedom of The 
City, under the corporate seal, to persons for distinguished 
services, or for benefactions to said City. And when 
necessary they may grant to the destitute poor of The 
City supplies out of the general fund of The City. 


26. All members of said Council, and all officers of 
said City, except those hereinafter otherwise provided, 
shall, before entering upon the duties of their office, make 


oath or affirmation before some magistrate qualified by 


law to administer the same, that he will perform the 
duties of said office faithfully and to the best of his skill 
and ability, in accordance with the charter and ordinances 
of said City, and that he will abide by and support the 
constitution and laws of the United States and of the 
commonwealth of Kentucky, and that a certificate of the 
same be furnished said Council. The Mayor is hereby 
requested to administer the oath or affirmation to any and 
all executive officers of said City, in accordance with that 


Order of Business Board of Aldermen.—\. Communications from City 
officials. 2. Petitions and remonstrances. 38. New claims against the City. 
4. Reports from standing committees. 5. Reports from special committees. 
6. Unfintshed business. 7. New business and business from the Board of 
Councilmen. 


Order of Business Board of Councilmen.—l. Communications from the 
Mayor and other City officers. 2. Petitions to be called by wards, com- 
mencing at the First and Twelfth wards alternately, until all the wards are 
called. 38. Reports of standing committees in the order in which they stand. 
4. Reports from select committees. 5. Motions and resolutions by wards. 
6. Introduction of ordinances by wards. 


GENERAL COUNCIL. 


contained in this ordinance, and furnish said Council 
with his certificate of the same. 


27. From and after the passage of this ordinance, and 
its approval by the Mayor, the place of meeting of the 
General Council shall be in the City Hall, at the corner 
of Jefferson and Sixth streets. The two boards shall 
meet in the rooms provided for them respectively in the 
plan of said building. 


28. The clerk of the Board of Aldermen and the clerk 
of the Common Council shall each keep their office in the 
room west of and adjoining the Mayor’ s office, in the 
second story of the building on the northwest corner of 
Siath and Jefferson streets, and their office hours shall 
beer 7on. 310 Clock A. M. until 12, and from 2 until 6 
P. M., of each day, Sundays excepted. ® 


29. It shall be the duty of the clerk of the Board of 
Aldermen carefully to file and preserve in bundles of con- 
venient size, properly marked with dates, all petitions, 
contracts, resolutions, ordinances, claims, reports, and all 
other papers or documents acted upon by the General 
Council, which had their origin in the Board of Alder- 
men, or upon which the said Board has acted separately, 
first enrolling the same and obtaining the signature of 
the president wherever such signature is necessary; and 
it shall be the further duty of said clerk to return to the 
Common Council clerk all papers which originated in 
that Board, and, as soon as may be after each session, 
prepare a concise but accurate report of the proceedings 
of his Board, and present the same under his signature 
to the City printer for publication, and to certify to the 
clerk of the Common Council all claims allowed at each 
session which have received the signature and approval 
of the Mayor, and which belong properly to his custody 
and safe-keeping. It is also made the duty of said clerk 
to keep a correct journal, in a plain, legible hand, of the 


6The italicized portions of this ordinance are either repealed or obsolete. 


Ordinance, 
approved June 
30, 1873. 


Ordinance, 
approved Apr. 
11, 1856. 


356 


GENERAL COUNCIL. 


proceedings of his Board, and furnish a complete index 
thereto; fo act as clerk to the Mayor; to Keep a record 
and enter therein all ordinances which have been passed 
by the General Council and approved by the Mayor, as 
required by the City charter; to grant and certify copies 
of all records or papers in his possession to be used either 
in the courts of law or by The City. He shall take and 
preserve all necessary bonds from persons licensed to run 
vehicles, and to perform such other additional duties as 
may be required by the General Council under joint res- 
olution, or either Board or committee thereof, or the 
Mayor. He shall be subject to the same penalties for 
false entries, prescribed by Section 3, Article 13, of the 
City charter;7 and, in addition thereto, shall execute bond 
with approved security in the penal sum of five thousand 
dollars, conditioned for the faithful discharge of the du- 
ties of his office. ® 

30. It is hereby made the duty of the clerk of the 
Common Council carefully to file and preserve in bundles 


7Charter of 1851. 


S’The proceedings of the General Council of The City of Louisville are 
public records, and citizens and tax-payers are bound to take notice of the 
contents of such records.—Barret and others v. Godshaw, 12 Bush, 592. The 
clerks of the Boards of Aldermen and Councilmen in The City of Louisville 
are officers of the City government.—/b. The courts are bound to take 
judicial notice of the names and official signatures of said clerks, as in the 
case of any other public officer, without any other evidence than is afforded 
by the signature, accompanied by the usual indication of official station, such 
as C. B. A.and C. B.C. These letters following the signatures of persons 
attempting to perform duties naturally pertaining to these officers, nothing to 
the contrary appearing, it will be presumed that they are the legal incum- 
bents of the offices indicated by the letters——Jb. Copies of the journal of 
either Board of the Council may be used in evidence when attested as such 
by the clerk of that Board; copies of ordinances, joint resolutions, and other 
documents the result of the joint action of the two Boards, requiring the 
approval of the Mayor, may be used in evidence when certified by the 
Mayor; in making out copies of the records of the proceedings of the Gen- 
eral Council the proceedings of each Board should be copied separately and 
attested by its clerk, and those attested by the Mayor should be copied in 
the same manner and attested by him; the courts are bound to know who 
are the legal custodians of public records in this State, and it is therefore not 
necessary that the officer should certify that he is the keeper—a simple 


GENERAL COUNCIL. 


in convenient size, properly marked with dates, all peti- 
tions, contracts, resolutions, ordinances, claims, reports, 
and all other papers or documents acted upon by the 
General Council, which had their origin in the Common 
Council, or upon which said Board had acted separate] y, 
first enrolling the same and obtaining the signature of 
the president whenever such signature is necessary; and 
it shall be the further duty of said clerk to return to the 
Board of Aldermen clerk all papers which originated in 
the Board of Aldermen, and as soon as practicable after 
each session he shall prepare a concise but accurate 
report of the proceedings of his Board, and present the 


attestation of a copy by such officer is sufficient—J6. The journal of pro- 
ceedings required to be kept by the charter of The City of Louisville, should 
be a veritable and abiding record of the proceedings of each Board, made 
at the time, under the direction and control of the Board, by which all could 
be informed what was done there, and nothing done there should be lett 
to the discretion or interpretation of the clerk.—City of Louisville v. McKveg- 
ney, etc., 7 Bush, 657. Memoranda made by the clerk of the proceedings, 
intelligible to no one but himself, and from which he wrote out and had pub- 
lished what he understood to be the ordinances, are not such a journal, and 
are wholly insufficient evidence of the passage of ordinances.—Ib. Where 
unanimity is indispensable to the legal authority to make an order on the 
books of a corporation and,such order was entered of record, it should be 
presumed to have been made with the unanimity required, although that 
fact does not appear in the record—.City of Lexington v. Headley, etc., 5 Bush, 
508. It has been repeatedly decided by the Kentucky Court of Appeals that 
orders or entries on the books and journals of a municipal corporation must 
be presumed to have been made in accordance with the local law.—City of 
Covington v. Ludlow, 1 Met., 295. An ordinance was reported to the city 
council of Covington, at a meeting thereof in August, 1854, and no further 
action thereon was had. An entirely new board, who subsequently came 
into office in 1856, by an order, caused the words “passed unanimous” to be 
added. Held, that the amendment of the entry of the proceedings of the 
council of 1854 was unauthorized._Ib. And the same decision holds it not 
to be competent to prove by extrinsic testimony that an ordinance of a 
city council was voted apon and passed, where the journal of the council 
showed only that it was reported. No presumption arose that the ordinance 
was passed from the fact that it was reported, nor from the fact that con- 
tracts were made and work performed under such ordinance.—Ib. 

The opinion in the case of Irvin v. Vansant, Court of Appeals, April 4, 1873, 


unreported, is as follows: 

“This case differs from the cases of The City of Louisville v. Gordon, 
etc., Scott, etc., v. Crofoot, and Thompson, etc., v. McClinte, in this: The 
ordinances under and by virtue of which the work was done were passed 


B07 


358 


GENERAL COUNCIL. 


same, under his signature, to the City printer for publi- 
cation, and to Keep a book in which he shall enter a 
schedule of all claims allowed at each session of the Gen- 
eral Council and approved by the Mayor, specifying for 
what service the same has been allowed, and the appro- 
priation to which the same is chargeable; and also all 


claims authorized to be paid under contract, numbering 


each claim or allowance, commencing with the first claim 
allowed in each fiscal year, and furnish the Auditor with 
a copy thereof after each session of the Council; also to 
heep a numerical list of all salaries of the City officers 
or enuployes, and furnish the Auditor with a copy 
thereof at the close of each month. It is also made the 
duty of said clerk to keep a journal, in a plain, legible 


in 1870 instead of 1869. The testimony in these three cases, which was by 
consent considered in the trial of this, does not impeach the journal of the 
Board of Common Council kept in and after the month of July, 1870. 
Appellants, however, deny in specific terms that the ordinances and pro- 
ceedings set up by appellee were ever passed or had. The only evidence 
conducing to sustain the material allegations of the petition in this regard is 
the copies of such ordinances and proceedings filed as exhibits. These 
papers are attested by the clerk of the Board of Aldermen. This officer no 
doubt has the legal authority to certify copies taken from the records in his 
office. It does not appear, however, and we can not presume that he is the 
keeper of the journals of the Board of Common Council, nor that he has 
authority to certify as to what appears in these journals. The exhibits, so far 
as they purport to be copies of the journal of proceedings had in the Com- 
mon Council, should not have been considered without them. It is clear that 
appellee did not make out his case. The damages claimed by reason of the 
alleged location of the improvement on portions of appellant’s lots can not 
as against this appellee be pleaded as a counter claim. And if it is desired 
to hold The City responsible therefor appellants should resort to an action at 
law for the purpose. But as appellee’s right to recover for the cost of the 
improvement depends upon whether he did or not improve High Street in 
accordance with the ordinances providing for its improvement, it is proper 
that the Court should inquire whether or not the City engineers and the con- 
eractors have encroached on the property of appellants. Neither The City 
nor the contractors have the right to convert private property into streets 
until it has been legally appropriated to such purposes, and if in this case 
any portion of the improvement is on appellant’s property, no recovery can 
be had against them. Upon the return of the cause it will be proper to have 
a survey made by an engineer agreed upon by the parties, or selected by the 
Chancellor, in order that this question may be settled. Either party should 
be allowed to take further testimony in case they desire todo so. Judgment 
reversed ancaused erndedma for further proceedings consistent herewith.” 


GENERAL COUNCIL. 


BO9 


hand, of the proceedings of his Board, and furnish a cor- 
rect index thereto; to keep a record, and enter therein 
all joint resolutions which have been passed by the Gen- 
eral Council, and receive the signature of the Mayor; 
to administer the oath required by State statute to 
persons licensed to keep a tavern or tippling-house, to 
take the necessary bond therefor, to prepare all bonds 
necessary to be given, from time to time, by City 
officers; to grant and certify copies of all records or 
papers in his custody, to be used either in courts of 
law or by The City; to issue all apportionment warrants 
against owners of property for grading or paving streets, 
alleys, or sidewalks, or for digging and walling cisterns or 
wells; and*perform such other additional duties as may 
be required by the General Council under joint resolu- 
tion, or by any committee thereof, or Mayor. He shall 
be subject to the penalties for false entries prescribed in 
in Section 2, Article 18, of the City charter; and in addi- 
tion thereto shall execute bond with approved securitv 
in the penal sum of five thousand dollars, conditioned 
for the faithful discharge of the duties of his office. 

31. The clerk of the Board of Aldermen, or the clerk 
of the Board of Common Council, may receive of each 
person liscensed to keep a tavern, or to retail liquors, one 
dollar; and of each person liscened to run a vehicle, 
twenty-five cents for the required bond. ‘They shall also 
be entitled to fees for copies made and certified by them, 
but not for copies for The City or commonwealth, at the 
rate of one and a half cents for every twenty words, to 
be paid by the person applying for the same, as the case 
may be.? 

32. The clerk of the Board of Councilmen shall make 
out all apportionment warrants, both original and cor- 
rected, for which hens are given for improvements of 
public ways, and shall enter the same in a register Kept 
by him for that purpose, It shall be the duty of the 


°The italicized portion of this ordinance is repealed. 


Ordinance, 
approved Apr. 
4, 1857. 


Ordinance, 
approved June 
28, 1883. 


360 


GENERAL COUNCIN. 


holder of said warrant, when he shall have obtained pay- 
ment or satisfaction of the same, to cause said clerk to 
mark upon the register, ‘‘satisfied.”’ Any person receiv- 
ing payment or satisfaction of an apportionment warrant 
who shall fail to cause said clerk to mark upon the regis- 
ter ‘‘satisfied’’ within two days after such payment 
shall be fined not less than five dollars nor more than 
fifteen dollars for each day he shall so fail or refuse. 


ges See AcTS AND ORDINANCES— ADVERTISING — AUDITOR — BouND- 
ARY AND SUBDIVISION— CITY ATTORNEY — CLAIMS— CONDEMNATION — 
CoNTRACTS—CoRPORATE PowrERS— CounTy RELATIONS—COURTS OF 
Law — ELEcTIOoNS— ENGINEER— FINANCE— FInES AND MISDEMEANORS 
— Frre— Gas— HEALTH— INSPECTION, WEIGHTS, AND MEAsuURES— LI- 
CENSE— Marxets— Mayor— OFFICES AND OFFICERS— POoLICE— PUBLIC 
Ways— Rartroaps— REcEIVER oF TaxEs—SInKING FuND—SEWAGE 
AND DRAINAGE— TAXATION — TELEGRAPH, TELEPHONES, AND CONDUITS 
— TRANSFER AND TRANSPORTATION COMPANIES— TREASURER — V EHICLES 
—W ATER— WHARVES AND HARBORS. 


The opinion in the case of The City of Louisville v. Gordon et al., Court 
of Appeals, April 3, 1873, unreported, is as follows: 

“Tt is clear from the evidence in this record that the Board of Common 
Council during the years 1868 and 1869, did not ‘keep a correct journal of 
its proceeding,’ as required by The City charter of 1851. The books in the 
possession and custody of the clerk of that Board do not bear upon their 
faces the requisite evidences of authenticity; besides it is clearly proved 
that they were written up long after the meetings, the proceedings of which 
it is pretended are recorded, were held. In some instances as much as two or 
three months intervened. The clerk himself swears that the proceedings of the 
last three or four meetings held by the Board, expiring in April, 1870, were not 
written out until June or July of that year, and were signed by the president 
of the Board after he had ceased even to be a member of the Council. It is 
perfectly evident that the Board did not know, and had no means of knowing 
the contents of these books; they were written up by the clerk in his office, 
and privately submitted to the president for his examination and approval. 
From the present appearance of the books, it can be legitimately assumed 
that in many instances the president signed his namein advance at intervals 
through the books, and authorized the clerk afterward to write up the pro- 
ceedings of the Board; hence his signature is sometimes found in the middle 
of the proceedings he intended to approve, and sometimes two or three blank 
pages intervene between his signature and the conclusion of the particular 
record. We attach no special importance to the signature of this officer, but 
these facts conduce to show the manner in which these books were kept, 
and are sufficient to taint them with suspicion. A legislative body cannot 
keep a journal, unless it is submitted to and approved by the body itself. It 


GENERAL COUNCIL. 


is not for the clerk nor the president to determine whether or not the pro- 
ceedings as written out by the clerk are correct. This alone can be done by 
the body whose proceedings are being recorded. Our State constitution 
requires each house of the General Assembly to keep a journal. This con- 
stitutional provision has been construed by both branches of the General 
Assembly. The first rule of the Senate requires the speaker, immediately 
upon taking the chair, a quorum being present, to ‘cause the journal of the 
preceding day to be read.’ The first rule of the House of Representatives 
requires the same duty upon the speaker of that House. It is so with the 
Senate and House of Representatives of the Federal Congress. Notwith- 
standing the irregularities shown upon the face of the books purporting to be 
journals of the Board of Common Council, no effort was made to show that 
any of the proceedings therein recorded have ever been read to that Board, 
or in any way approved by it. In two or three instances it is shown that 
the reading of the journal was dispensed with, but it is nowhere proved that 
any portion of it ever was read to or approved by any member of the Board. 
A record kept in the manner indicated cannot be received as sufficient 
evidence of the passage and existence of laws under which the most onerous 
and oppressive taxation is sought to be imposed upon private citizens. The 
tax payers have the right to demand that the municipal laws by which they 
are to be governed shall be regularly passed in accordance with the pro- 
visions of the City charter, and that the journals of the law-making department 
shall be kept by the respective branches, and not left to the discretion of the 
clerk or president.—City of Louisville v. McKegney, 7 Bush, 653. The fact 
that ordinances passed in the years 1868-1869 have in some cases been upheld 
by this court, only proves that parties resisting their enforcement did not make 
the proof presented in this case, The effect of the twelfth Section of the act 
to amend the charter of Louisville, passed March 3, 1871, (Sess. acts 1571, 
page 326,) remains to be considered. This Section provides, ‘that the charter, 
laws, and ordinances of The City of Louisville, as published in Elliott’s 
aizest of the charter, acts and ordinances of the said City, from the year 1780 
to the year 1869, shall be regarded as correct, and shall be held and received 
as prima facie evidence in the courts of the State of Kentucky; and that the 
proceedings of the General Council of said City, as heretofore published in the 
newspapers of said City, selected and declared by the General Council to do 
the printing and publishing of said City, shall be received as evidence prima 
facie in the courts of the State of Kentucky.’ Waiving any question of the 
power of the legislature to so vitalize this digest and these published proceed- 
ngs, as to affect controversies which had previously arisen, it is sufficient in 
this case to say that appellant did not present nor rely upon the proceedings of 
the Board of Common Council as published in these newspapers. News- 
papers themselves were not offered in evidence, and the copies of ordinances 
and proceedings filed with the petition do not purport to be taken from these 
publications. The fact that they are attested by the clerks of the two Boards 
shows conclusively that they were not taken from such publications, as these 
officers are not required nor authorized to keep them, nor to certify copies 
from them. The chancellor properly dismissed Gordon’s petition as to the 
property-holders, and properly rendered judgment against The City.” 


361 


CHAPTER XXVIT. 


HEALTH. 


CONTENTS. 


1. Provision for 
Health; members. 

2. The Board to be rgulated and 
governed by ordinance. 

3. Duties of the Board. 

4. They shall recommend sanatory 
ordinances. 

5. Powers of the Council to effect- 
uate sanatory measures. 

6. The Board of Health estab- 
lished; how constituted; Health Offi- 
cer. 


~] 


Organization of the Board. 
The clerk to the Board. 
9. Salary of the Health Officer. 
10. Duties in general of the Board 
of Health. 


11. Powers of the Health Officer 
, in respect to sanitary nuisances. 


co 


12. Proceedings upon non-comphi- 
ance of the owner with the Health 
Officer’s order. 

13. Precautions about infectious or 
contagious diseases. 

14. Vaccination of. 
others required. 


minors and 


15. Duty of the Board in reference 
to vaccination. 


16. Annual report of the Board to 
the General Council. 


17. All deaths within The City to 
be certified by attending physicians. 

18. Undertakers shall not remove 
bodies for burial unless with permis- 
sion of the Board of Health. 

19. In the absence of a certificate 
inquiries may be instituted or an 
inquest held. 


the Board of 


20. Sextons and others shall require 
the burial permit of the Board of 
Health as a condition of all inter- 
ments by them. 


21. A register of deaths and inter- 
ments to be kept. 


22. The Board of Health to secure 
the enforcement of sanatory ordi- 
nances. : 


23. Office hours of the Health Offi- 
er. 

24. Violation of this ordinance a 
misdemeanor. 

25. The offering for sale of certain 
unwholesome food prohibited. 

26. Animals in an unsound and 
unhealthy condition not to be bought 
tor slaughtering purposes. 

27. The slaughtering, dressing, or 
hanging of animals in public places 
prohibited. 

28. The slaughtering of animals in 
a feverish or overheated condition 
prohibited. 

29. The sale of certain cattle, meat, 
and milk prohibited. 

30. Unwholesome meat not to be 
offered for sale for human food. 

31. Certain calves, pigs, and lambs 
not to be offered for sale for human 
food. 

32. Cattle intended for food to be 
kept in healthful places. 

33. The cleansing of fish in public 
markets prohibited. 

34. Venders of milk required to 
obtain permits. 

35. Marks of identification on milk 
wagons. 


HEALTH. 
36. Grocers, bakers, and others sell- 39. Violation of prohibitory pro- 
ing milk must advertise the dairy- | visions a misdemeanor; fine. 
men supplying them with the same. 40. Ward physicians to assist in 
37. The sale of swill-milk andthe | Vaccination. 
butter and cheese made therefrom 41. Election and term of office. 
prohibited, 42. Shall be governed by the Board 
38. The sale of decayed or dam- | of Health. 
aged vegetables and fruits prohibited. 43. Compensation and occupation. 


1. A Board of Health may be established, of which the 
Mayor, Chief of Police, Physicians of the Eastern and 
Western Districts, The City Engineer, and such others 
as The Council may provide, shali be members. 


2. The duties, places, and times of meeting, and officers 
of said Board, shall be defined by ordinance. 


3. They shall see that all ordinances for the preserva- 
tion of the health of the inhabitants of The City shall be 
enforced, and recommend such ordinances from time to 
time to the General Council as they deem proper for the 
abatement and prevention of nuisances, and for the pre- 
vention of the introduction and spread of diseases, con- 
tagious, infectious or otherwise. 


4. They shall also recommend such ordinances as they 
think best to regulate the sale of drugs and medicines, 
and prevent the sale of substances deleterious to health. 


9. The General Council shall have power to pass ordi- 
nances, with adequate fines and penalties, to carry into 
effect such rules and regulations as they may deem 
proper on these subjects, not in conflict with the laws of 
the State. 


6. A Board of Health is hereby established, and 
that in addition to the officers named in Section %7 
of the City charter as members of the Board of Health, 
there shall be elected by the General Council in the 
month of March, 1879, and in that month every sec- 
ond year thereafter, six physicians, one from every two 
wards, who shall serve without pay; and in addition to 
these the General Council shall in the month of March, 


363 


The charter, 
act of March 
3, 1870. Sec. 


97. 


Ordinance, 
approved May 
17, 1879. 


364 HEALTH: 


1879, and in that month every two years thereafter, elect 
a Health Officer. 


7. The said Board thus constituted shall organize within 
ten days after the election of the above-mentioned physi- 
cians, and elect its president. 


8. The clerk of the Chief of Police shall be the secre- 
tary of the said Board of Health. 


9. The salary of the Health Officer shall be twelve 
hundred dollars per annwm, payable out of the City 
treasury in monthly installments. 


10. The duties of the Board of Health shall be to 
watch over the sanitary condition of The City; to care- 
fully guard against all causes of diseases, to use all 
Known measures to prevent the introduction and spread- 
ing of contagious or infectious disease, and to perform 
such other duties as time and experience may determine 
necessary to promote the health of the inhabitants of 
this City. 

11. To enable the Board of Health to perform the du- 
ties imposed by this ordinance, the Health Officer is 
hereby empowered and authorized to order the removal, 
abatement, or prevention of any and every sanitary 
nuisance in The City of Louisville that may not require 
proceedings in court, and specify a -reasonable time 
within which it shall be done. 


12. In the event of the failure of the owner, agent, or 
occupant of the premises to comply with the order of the 
Board of Health or Health Officer so to remove, abate, or 
prevent any sanitary nuisance within the time given, he 
or she shall be liable to a fine in the City Court of not 
less than ten nor more than twenty dollars, and it shall 
be the duty of the Health Officer to institute proceedings 
in said court to enforce the removal, abatement, or pre- 
vention of such sanitary nuisance. 

13. When a proper complaint is made, or a reasonable 
belief exists, that an infectious or contagious disease pre- 
vails in any locality or house, the Board of Health shall 


HEALTH. 


‘sause such locality or house to be visited by the Health 
Officer for the purpose of inspection, and when such 
infectious or contagious disease is found to exist, the 
Health Officer is hereby empowered to send the person or 
persons so afflicted to the Eruptive Hospital, or to such 
other place as may hereafter be provided for the recep- 
tion of such persons. And in case any person so afflicted 
shall refuse to leave his house, it shall be the duty of the 
occupant of such house to warn the public of the exist- 
ence of such disease by the display of a yellow flag from 
any portion of the premises designated by the Health 
Officer; such flag to be furnished by the Board of Health. 
14. That every person, being the guardian or having 
the care, custody, or control of any minor or other indi- 
vidual (excepting such as have had small-pox or vario- 
loid), shall cause and procure such minor or individual to 
be so promptly, frequently, and effectively vaccinated, 
that such minor or individual shall not take, or be liable to 
take, the small-pox. Any person violating this Section 
shall be liable to a fine in the City Court of not less than 
ten nor more than twenty dollars, and shall also be liable 
to a like fine for every ten days thereafter they shall 
delay having the operation of vaccination performed. 


15. It shall be the duty of the Board of Health to pro- 
vide suitable measures for vaccinating any and all persons 
who may not be able to pay for the performance of said 
operation, and to issue and publish instructions in regard 
to the proper manner of vaccinating. 


16. It shall be the duty of the Board of Health, on or 
before the first day of March of each year, to make a re- 
port in writing to the General Council of this City upon 
the sanitary condition and prospects of said City; and 
said report shall set forth generally the statistics of deaths, 
étc., the action of said Board and its officers, and their 
names, and may contain such other useful information 
and shall suggest such legislative action as may be deemed 
necessary for the protection and preservation of life and 
health. 


365 


366 HEALTH. 


17. Whenever any person shall die in The City of 
Louisville it shall be the duty of the physician who at- 
tended during his or her last illness, or the coroner when 
the case comes under his notice, to furnish, within twenty- 
four hours after such death, to the family of the de- 
ceased, or to the undertaker, or other person superintend- 
ing the burial, a certificate setting forth, as far as the 
same can be ascertained, the name, sex, color, whether 
married or single, age, date, and cause of death, and the 
duration of last illness; and where no physician has been 
in attendance, the undertaker or family of the deceased 
shall notify the Health Officer of such fact. 


18. No undertaker or other person superintending the 
burial shall remove any dead body for burial or shipment 
without having first obtained the permit of the Board of 
Health so to do, and in order to obtain such permit he 
shall present to the Health Officer the certificate of the 
attending physician or the coroner. To said certificate 
the undertaker, or other person superintending the burial 
shall, as faras the same can be ascertained, add the occu- 
pation of the deceased, the place of birth, the time of 
residence in The City, the date and place of interment, 
number of house and street in which the death occurred, 
and in case the deceased is a minor, the full name of 
father and mother. 


19. In case any person die without the attendance of a 
physician, or if the physician who did attend refuse or 
neglect to furnish the certificate as required in this ordi- 
nance, the Health Officer is hereby empowered to in- 
stitute inquiries into the case, or he may call upon the 
coroner to hold inquest before the burial is permitted. 


20. No person having charge as sexton or otherwise, 
of any vault, burying-ground, or cemetery within the 
jurisdiction of the General Council shall inter or place, 
or allow to be interred or placed, in any vault, burying- 
eround, or cemetery, the dead body of any person with- 
out having first obtained from the undertaker, or other 


HEALTH. 


person having charge of such dead body, the burial 
permit of the Board of Health. 


21. It shall be the duty of the Board of Health to keep 
a correct register of deaths and interments, which regis- 
ter shall contain an exact copy of all such certificates of 
deaths and interments as shall be reported to it; and the 
Board of Health shall keep on hand, at all times, a sup- 
ply of blanks for gratuitous distribution to all persons 
whose duty it may be to make returns under this ordi- 
nance. 7 

22. It shall be the duty of the Board of Health to 
make such regulations as shall secure the enforcement of 
this and all other ordinances that have been or may be 
passed by the General Council in regard to the preserva- 
tion of life and health and the prevention of disease. 


23. The Health Officer shall be on duty from 9 A. mM. to 
12 mM., and from 2 P.M. tod P.M., daily, except Sunday, 
at his office in the City Hall. A violation of this Section 
on the part of the Health Officer will be sufficient reason 
#0 cause him to vacate his office. 


24. Any person offending against any of the provisions 
of this ordinance (except Sections 4 and 6!°) shall be 
guilty of a misdemeanor, and liable to a fine in the City 
Court of not less than one nor more than twenty dollars. 


25. No person shall bring into The City, or sell or offer 
for sale in any market, public or private, any cattle, 
sheep, hog, or lamb for slaughtering purposes that are 
pregnant or in an unhealthy or unsound condition, nor any 
meat, fish, game, or poultry that is diseased, unsound, 
unwholesome, or that for any other reason is judged to 
be unfit for human food (the fact of any cattle, sheep, 
hog or lamb being in any stock-yard or slaughter-house 
pen shall be considered that the same is being exposed 
there for sale); and the fact that any carcass or part 
thereof of any cattle, sheep, hog, or lamb is found in any 


10Sections 12 and 14, preceding. 


367 


An ordi- 
nance to pre- 
vent the sale of 
unwholesome 
articles of food. 
Approved Oct. 
Perle 281 


et seq. 


368 


HEALTH. 


slaughter-house or any public or private market or place, 
dressed and prepared as such meats usually are for mar- 
ket, shall be deemed sufficient evidence that the same is 
on sale; and no animal nor any part therof, nor any fish, 
game, or poultry that has been inspected and condemned 
by the Board of Health or any of its officers, shall be 
held, sold, or offered for sale for human food in this 
City. 

26. No person or persons shall buy or offer to buy, for 
slaughtering purposes, in any stock-yard, street, or alley, 
or in any market, public or private, in this City, any 
cattle, hogs, sheep, or lambs that are pregnant or in an 
unhealthy or unsound condition. 


27. No animal of any kind shall be slaughtered, 
dressed or hung, nor part of the meat thereof, wholly or 
in part, within any street, avenue, or sidewalk, or public 
alley or place in this City. 

28. Nor shall any animal be slaughtered while in a 
feverish or overheated condition, and the meat of any 
such animal shall not be held, sold, nor offered for sale 
for human food in this City. 


29. No person shall bring into this City, or sell or offer 
for sale, any cattle unfit for use, or cattle which have 
been exposed to or are liable to communicate the ‘‘ cattle 
disease,’’? nor the meat nor milk of any such cattle. All 
such cattle, meat, and milk shall be confiscated and 
destroyed. 

30. No cased, blown, raised, plaited, putrid, impure, 
or unhealthy or unwholesome meat, nor the meat of any 
animal that may have died of disease or accident, or fish, 
birds, or fowls, shall be held, bought, sold, or offered for 
sale for human food in this City. 

31. No calf, pig, or lamb, nor the meat. thereof, shall 
be bought, sold, or offered for sale for human food in this 
City which, when killed, was less than one month old. 


32. No cattle shall be kept in any place of which the 
water, ventilation, and food is not sufficient and whole- 


HEALTH. 


369 


some for the preservation of their health and good 
condition for food. 


33. Fish shall not be cleansed of their scales or 
entrails in any public market where they may be offered 
for sale. 

34..No person shall bring or send into this City for 
sale any milk without a permit to do so from the Board 
of Health, such permit to be furnished gratuitously by 
said Board to all applicants, on condition that none but 
pure and undiluted milk be sold within the City limits, 
and subject to the approval of the Health Officer. 


39. All milk wagons shall have the name of the owner 
and the number of the wagon painted thereon plainly 
and legibly. 


36. All grocers, bakers, and other persons having or 
offering for sale milk shall at all times keep the name or 
names of the dairymen:from whom the milk for sale was 
obtained posted up in a conspicuous place wherever such 
milk may be sold or be kept for sale. 


37. No person shall offer or have for sale in this City 
any unwholesome, watered, or adulterated milk, or milk 
known as swill-milk, or milk from cows that for the most 
part are kept tied up in stables, or that are fed on gar- 
bage, swill, or other like deleterious substances, nor any 
butter or cheese made from such milk. 


38. No person shall sell, hold, or offer for sale, or 
bring into The City any decayed or damaged vegetables 
or fruits. 

39. Any person or persons violating the provisions of 
any section of this ordinance, on conviction thereof, shall 
be deemed guilty of a misdemeanor, and shall be fined 
for each offense not less than twenty nor more than one 
hundred dollars in the City Court. 


40. There shall be appointed one physician to each 
ward, whose duty it shall be to report to the Health Officer 
for the purpose of assisting himin the enforcement of the 


ordinance in regard to compulsory vaccination. 
24 


370 


HEAT YH: 


41. Said physicians shall be elected by the General 
Council, at such time as may hereafter be specified by 
resolution of the General Council, and shall hold office 
for not exceeding two months. 


42. They shall be subject to the laws and regulations 
of the Board of Health, and shall be governed by said 
Board in the performance of such duties as shall be 
imposed upon them by said Board. 


43. Said physicians shall receive compensation for their 
services at the rate of one hundred dollars per month, 
and shall devote the whole of their time during municipal 
office-hours to the work assigned them, and shall under 
no pretense engage in any other occupation during such 
office-hours. 


kes” See CHARITIES AND CORRECTIONS—BURIALS AND BURYING-PLACES 
—ENGINEER—F INES AND MISDEMEANORS—-GENERAL CoUNCIL—MARKETS 
—PuBLIC WAYS. 


OPEL Abe by bye xe Ve LL 


INSPECTION, WEIGHTS, AND MEAS- 
URES. 


CONTENTS. 


1. City Weigher and Inspector; 
election and term. 

2. Location of office; office hours. 

3. Office, scales, beams, balances, 
and weights to be provided by him; 
duties. 

4. Tests and certification thereof 
by the Sealer of Weights and Meas- 
ures for Jefferson county. 


5. Bond of the City Weigher. 

6. Payment of fees. 

7. A register to be open to in- 
spection by certain persons. 

8. Deputies and their oath. 

9. Accounts and reports. 

10. His duty of weighing and cer- 
tifying. 

11. The weighing, inspecting, and 
marking of baled hay and baled 
straw. 

12. Certification of weight and the 
results of inspection; fees allowed 
for such service. 

13. Fine for changing the marks 
of an inspector of hay. 


14. Fines for fraud and imposition 
by holders of certificates. 


15. Fines for selling or offering for 


sale uncertified articles as certified. 
16. The Weigher protected from 
hindrance and interference in the 
performance of his duties. 
17. Tariff of fees. 


18. Net weights to be ascertained 
and allowances made for tare. 


19. The Weigher to have no inter- 
est in articles weighed by him. 


20. Inspectors and measurers of 
brick- and stone-work; election and 
term of office. 

21., General duties. 


22. Office to be located within The 
City and the officers to have exclusive 
right and authority in their service. 

23. The standard of measurement 
of brick-work; of stone-work. 


24. Fees of office. 
25. Bond required. 
26. Coal, wood, and lime; as much 


as twenty bushels of coal shall not 
be sold unless duly weighed. 


27. Dealers may select weighers, 
subject to approval. 

28. Oath required of weigher. 

29. Mayor’s certificate. 

30. Fines for illegal weighing. 

31. Coal dealers to have their 
scales tested by the Sealer of Weights 
and Measures. 

32. Fine for selling coal in as large 
quantity as twenty bushels un- 
weighed; exceptions. 

35. Drivers’ tickets. 

34. Fines of dealers on detection 
of short weights. 

35. Fine of weighers for neglect- 
ing to have weights, scales, and 
beams tested. 

36. The duties of inspectors, weigh- 
ers, and measurers of coal, wood, and 
lime. r 


37. Stone-coal classified in 
classes. 


four 


38. Inspectors, weighers, and meas- 
urers of coal, wood, and lime; to be 


372 


An ordin- 
ance creating 


[Mavevecospeseaireeh veme 


City Weigher 
and Ins spector, 
defining his 


INSPECTION, WEIGHTS, AND 


MEASURES. 


ready to perform the service of their 
office at all times; marking of ve- 
hicles. 

39. Location of office; report of 
violation law to the City Attorney; 
and quarterly reports to the Council. 

40. Fine for unauthorized inspect- 
ing, weighing or measuring of coal, 
wood, or lime. 

41. Bond required of inspectors, 
weighers, and measurers. 

42. The standard measure of a-cord 
of wood. 

3. Wood may be corded for in- 
spection. 

44. The standard bushel of lime; 
classification of lime. 

45, Fees of inspectors, 
and measurers of coal, 
lime. 

46. Flour inspection in The City; 
regulated by the Board of Trade. 

47.. Ice sold from wagons; to be 
weighed; fine. 

48. Liquors, oils, and other liquids; 
percentage hydrometer adopted; 
duties of inspectors and gaugers. 

49. Condemned casks. 

50. Fine for fraudulent alteration 
of marks. 

51. Fine for neglect of duty and 
for fraudulent marking. 

Value of condemned barrels. 
53. Quarterly reports. 

54. Tariff of fees. 

55. Prime & McKean’s combina- 
tion rod and scale adopted. 

56. The election of two inspectors 
ot beef, cattle, hogs, and sheep pro- 
vided for. 

57. Terms of office. 

58. Appointment and pay of dep- 
uties. 

59. Pecuniary interest of inspect- 
ors or deputies in live stock. 

60. Duties in general. 

61. Monthly reports. 

62. Tariff of fees. 


weighers, 
wood, and 


uO 
a So) 


~ 


33. Oath and bond. 


64. The office of measurer of lum- 
ber created; election, duties, and fees. 


65. Removal from office tor cause. 


66. Shall measure lumber brought 
to The City. 


67. Fees receivable. 
68. Pork, beef, lard, tallow, and 


butter; fees which inspectors shall be 
entitled to. 


69. Duties. 


70. Salt; fees which 
shall be entitled to. 


71. Duties. 


72. Officers of inspection, ete., gen- 
erally shall not be interested in such 
articles as are inspected by them, 
under penalty. 


73. An inspector, weigher, and 
registrar for the warehouses in Jef- 
ferson County; under the control of 
the Board of Trade and the Jefferson 
Court of Common Pleas. 


inspectors 


74. Warehousemen’s rates of stor- 
age, charges for receipts and deliy- 
eries. 

75. Responsibilities and duties of 
public warehousemen. 

76. Proper care and vigilance to 
be exercised. 

77. Common law 
made statutory. 


responsibility 


78. Removal of grain on notice. 

79. Sealer of Weights and Meas- 
ures for Jefferson County; office 
created; election, term, bond, reports, 
deputies. 

80. General duties. 

81. Additional inspections. 

82. Refusal to permit inspection 
punishable by fine. 

83. Schedule of fees. 

84. All previous acts repealed. 
85. Amendment of the schedule of 
fees. . 

86. All previous and conflicting 
acts repealed. 


1. In the month of November of each year, the General 
Council of The City of Louisville shall, in joint session, 
elect a City Weigher and Inspector, whose term of office 
shall expire in one year from his election, or whenever 


INSPECTION, WEIGHTS, AND MEASURES. 


his successor shall be elected and qualified; and every year 
thereafter said City Council shall elect a City W eigher and 
Inspector to serve one year, or until his successor be 
elected and qualified. ! | 

2. Such officer shall be styled the City Weigher and 
Inspector of The City of Louisville, and shall have and 
keep his office in the center of the business portion of The 
City, or of that portion wherein his services shall most 
likely be required, or as near thereto as practicable, and 
he shall be in attendance at the same time, either in 
person or by deputy, daily thoughout the year (excepting 
on national or state holidays and on Christmas day), pre- 
pared to discharge all his official duties, during the 
months of December, January, and February, from 8 
o'clock A. mM. until 5 o’clock P.M., and during the other 
months of the year from half past 7 o'clock A. mM. until 
6 o'clock P. M. 


3. He shall provide for his use, and at his own expense 
an office, suitable scales, beams, balances, and weights, 
tested and approved by the Sealer of Weights and 
Measures for the County of Jefferson and City of Louis- 
ville, and, when requested, shall weigh any article of 
commerce and deliver to the applicant a certificate of the 
weight thereof; keep a register, in a suitable book, of all 
articles weighed, with the date, number of pounds, the 
kind of article weighed, by and for whom weighed, and 
the amount of fee received by him for such weighing. 

4. The City Weigher shall cause all the weights, scales, 
and balances used by him in his business to be tested by 
the Sealer of Weights and Measures for the County of 
Jefferson and City of Louisville at least once in every 
six months, and oftener if necessary, and receive a cer- 
tificate thereof, to be preserved and filed by him, all to 
be done at his own expense. 

d. Within one week after his election the City Weigher, 


1The Section numbers above are identical with those of the ordinance as 
far as Section 18. 


373 


duties and reg- 
ulating the fees 
of his office. 
Passed Oct. 21, 


1875. 
et seq. 


sec. 1, 


S74 


INSPECTION, WEIGHTS, AND MEASURES. 


before he shall enter upon the duties of his office, shall 
give bond in the sum of three thousand dollars to The 
City of Louisville for the faithful and impartial discharge 
of his duties, with at least two good sureties, to be 
approved by the General Council. 

6. All fees allowed to be charged by this ordinance 
shall be paid by the person requesting such weighing to 
be done, unless otherwise specially provided for by law 
or by the owner of the article weighed. 


7. The register of the City Weigher shall at all times 
be open to the inspection of any person interested in any 
weighing done by the Weigher, to the members of the 
General Council or any committee thereof, and to the 
Mayor of The City. 


8. The City Weigher may appoint his deputies, who 
shall take the same oath required to be taken by the City 
Weigher, and shall give bond with two sureties in the 
sum of two thousand dollars. 


9. The City Weigher shall keep an abstract in a book 
and register of the number, kind, and amount of articles 
of merchandise and produce weighed by him, and the 
fees received therefor, and report the same under oath to 
the Mayor quarterly on the first meeting of the General 
Council after the first days of January, April, July, and 
October of each year. 


10. It shall be his duty to weigh all pig-iron, pig-lead, 
and baled hay and baled straw, or other articles and 
things which he may be requested to weigh, and he shall 
give his certificate thereof to the seller of the article 
weighed, who shall pay all legal fees due for such 
weighing. 


11. It shall be his duty to carefully weigh and inspect 
all baled hay and baled straw which shall be offered for 
inspection by him, and for the purpose of such inspection 
he shall use such instrument as he shall deem necessary 
for a thorough inspection thereof, and shall classify the 
same and mark it accordingly, with the weight of each 


INSPECTION, WEIGHTS, AND MEASURES. 


bale, as follows: Number one, prime; number two, good; 
number three, damaged; cipher, condemned. The last 
class, condemned, shall comprise such as the City Weigher 
and Inspector shall be satisfied was baled with a view 
(by the party baling or causing it to be bailed) of defraud- 
ing purchasers by the incorporation of foreign substances 
in such bale to increase the weight thereof. It shall 
further be the duty of the*City Weigher and Inspector, 
in all bales of hay inspected by him bound with wooden 
hoops of staves or ropes, or hoops of any kind, to care- 
fully estimate the weight thereof, and deduct the same 
from the weight of such bales, marking every bale with 
its net weight. 

12. The City Weigher and Inspector shall give certifi- 
cates of the weight and quality of the hay or straw 
weighed and inspected by him to the person having the 
same weighed and inspected, and he shall keep a correct 
abstract of every certificate in a book to be kept at his 
office; and for his services as such Weigher and Inspector 
he shall be entitled to demand and receive forty cents per 
ton for each ton of hay or straw weighed and inspected, 
the fee to be paid by the person for whom such inspection 
was made, twenty cents for the weighing and twenty 
cents for the inspection thereof. 


13. Any person changing the marks or brands of the 
inspector of hay, either as to weight or quality shall, 
upon conviction thereof, be fined not less than twenty 
nor more than one hundred doUars. 


14, Any person who shall have had any article inspected 
or weighed as aforesaid, and received a certificate of the 
inspection and weight thereof, who shall sell a part 
thereof and afterward sell or offer to sell the remainder 
as for the quantity called for in his certificate, or shall 
change, alter, or in any manner falsify the certificate of 
the Inspector and Weigher, or shall suffer any of these 
things to be done shall, upon conviction thereof, be fined 
not less than twenty nor more than one hundred dollars 
for each offense. 


375 


O76 


INSPECTION, WEIGHTS, AND MEASURES. 


15. If any retailer or other person shall sell, or offer to 
sell, any baled hay, pig-iron, pig-lead, or baled straw, or 
other thing, under pretense of a weigher’s certificate 
obtained under and by virtue of the weight of another 
and different lot from the one he sells or offers for sale, he 
shall pay a fine of not less than one hundred dollars. 


16. Any person who interferes with the public scales 
or the Inspector and Weigher while in the discharge of 
his duty, by demanding or exacting more weight of and 
for the article weighed than what he declares it to be, or 
by threatening or menacing him, or by using harsh or 
abusive language to him while in the discharge of his 
duty asa public officer, or who shall cause any noise or dis- 
turbance in or about his office, or who shall interfere with 
any person or persons who are about to have weighing or 
inspecting done, or who have already had the same done, 
by menacing or otherwise abusing them therefor, or by 
using unseemingly profane or offensive language toward 
him or any of his deputies, shall be deemed guilty of a 
misdemeanor, and shall be fined therefor not less than 
fifty dollars nor more than one hundred dollars for each 
offense. 


17. The City Weigher and Inspector shall be entitled to 
receive for his services for weighing the following fees, 
and no more, to be paid by the person employing him, 
to wit: For corn, wheat, rye, oats, barley, flaxseed, and 
bran, in barrels, tierces, hogsheads, sacks or boxes—For 
50 packages or under, 2 cents per 100 pounds; for over 50 
packages and not over 200, 14 cents per 100 pounds; 
for 200 packages and not over 500, 14 cents per 100 
pounds; for 500 packages and upward 1 cent per 100 
pounds. For sugar in hogsheads— For 5 hogsheads or 
under, 25 cents; over 5 and not exceeding 10, 20 
cents; for over 10 and not exceeding 20, 15 cents; for 
over 20 and not exceeding 30, 124 cents; for over 30 
and not exceeding 50, 10 cents; for over 50 and not 
exceeding 100, 8 cents; for over 100, 64 cents for each 
hogshead. For sugar in barrels or boxes — For 20 or un- 


INSPECTION, WEIGHTS, AND MEASURES. 


der, 10 cents; over 20 and not exceeding 50, 6 cents; over 
50 and not exceeding 100, 5 cents; 100 or upward, 4 cents 
for each barrel or box. For coffee in sacks or barrels — 
For 20 or under, 5 cents; over 20 and not exceeding 50, 
3 cents; over 50 and not exceeding 100, 24 cents; over 100, 
2 cents for each sack or barrel. For hemp— For 5 tons 
or less, 40 cents; over 5 and not exceeding 10, 30 cents; 
over 10 and not exceeding 50, 20 cents; over 50 tons, 15 
cents for each ton. For lard in barrels — For 25 barrels 
or less, 6 cents; over 25 and not exceeding 50, 5 cents; 
over 50 and not exceeding 100, 4 cents; over 100, 3 cents 
for each barrel. For lard in kegs — For 25 or less, 14 
cents; over 25 and not exceeding 50, 1 cent; over 50 3 of 
a cent for each keg. For lead and iron and _ other 
metals — For 5 tons or less, 30 cents; over 5 tons and not 
exceeding 10 tons, 25 cents; over 10 tons, 20 cents for 
each ton. For hides— For the first 100, 1 cent apiece; 
over 100, $ cent apiece for each hide. For peltries — the 
same as herein provided for hemp. For bacon in meat 
and bulk, or for pork — For 5 tons or less, 40 cents; over 
5 and not exceeding 10 tons, 30 cents; over 10 and not 
exceeding 20 tons, 25 cents; over 20 tons, 20 cents for 
each ton. For cotton in bales— For 10 bales or under, 15 
cents; over 10 and not exceeding 20, 10 cents; over 20 
and not exceeding 50 bales, 8 cents; over 50 and not 
exceeding 100, 6 cents; over 100 bales, 5 cents for each 
bale. For pearlash, saleratus, blacksalts, potash, or any 
other article of merchandise not herein enumerated — For 
20 casks or barrels or under, 5 cents per cask or barrel: 
for any number over 30, 4 cents per cask or barrel. 

18. In weighing the Weigher and Inspector shall ascer- 
tain the net weight of allarticles weighed by him, allowing 
‘for tare the just and proper number of pounds, as ascer- 
tained by him from weight and actual experience and the 
custom of weighers, and merchants and dealers in such 
articles as are weighed by him. 

19. The Inspector and Weigher herein provided to be 
elected shall not be interested, directly or indirectly, in 
any article inspected or weighed by him. 


SS 
oa 


INSPECTION, WEIGHTS, AND MEASURES. 


An ordin- 
ance providing 
for the election 
of the inspect- 
or and meas- 
urer of brick 
and stone work 
and defining 
their duties. 
Approved May 
2, 1855. “Sec. 
1, et seq. 


20. The General Council shall hereafter, in the month 
of April of each year, upon joint ballot, elect two persons 
as inspectors and measurers, of brick and stone work, 
who shall hold their office for one year from the date of 
their election and until their successors are elected and 
qualified. 


21. Each inspector and measurer of brick and stone 
work shall at all times (holidays excepted) be ready to 
perform any of his duties, and when required shall 
promptly and justly inspect and measure any brick and 
stone work, and certify to said inspection and measure- 
ment, and in all respects execute the duties of his office 
faithfully, under the penalty of twenty dollars for any 
violation thereof. 


22. They shall keep their office within the corporate 
limits of The City of Louisville, and no person beside 
them, duly elected by the General Council, shall, for 
profit or hire, inspect and measure brick and stone work 
within said limits of said City under the like penalty of 
twenty dollars. 7 


23. The standard measurement of brick work shall be 
twenty-one brick to the cubic foot, making the deduction 
for all openings, save and except fire-places, flues, and 
hollow walls. The standard measurement of stone work 
shall be twenty-five feet for each and every perch, 
measuring walls without any deduction for openmgs 
whatever. In no case in the measurement of brick and 
stone work shall any deduction be made for mortar. 


24. The inspectors and measurers shall charge and be 
allowed one and a half per cené. upon all jobs of two 
hundred dollars and more in value, and on all jobs of less 
value than said sums two per cent. as fees of office. 


25. They shall each, before entering upon the duties of 
their office, give bond in the sum of five hundred dollars, 
with good security, to be approved by the General 
Council, for the prompt and faithful discharge of their 
office duties. 


INSPECTION, WEIGHTS, AND MEASURES. 


26. From and after the passage of this ordinance it 
shall not be lawful for any dealer in cannel, anthracite, 
or bituminous coal to sell as much as twenty bushels 
thereof in The City of Louisville, unless the same shall 
have been weighed by the City Weigher, or by a weigher 
engaged by or in the employment of such dealer. 


27. Every dealer in such coal may select his own 
weigher, and shall pay him for his services, and such 
weigher shall not be authorized by the Mayor to act as 
weigher unless he is capable of attending to the business 
of weighing coal. 


28. No person shall act as such weigher until he shall 
have made oath before the Mayor that he understands the 
act and business of weighing coal, and that he will faith- 
fully and impartially discharge all duties that may be 
required of him as a weigher of coal by the City Council 
of Louisville, and comply with all laws in force in regard 
to the weighing of coal, and those to be enacted. 


29. Whenever such oath shall be taken and as required, 
the Mayor shall issue to such weigher a certificate that he 
has taken the oath as required by law as the weigher ‘of 
the person at whose instance he was sworn, and that he 
is authorized to act as such. 


30. Any person who shall act as weigher of coal who 
has not complied with the above requirements, shall be 
fined not less than twenty nor more than fifty dollars; 
and any coal dealer who shall permit any person to weigh 
coal, sold or to be sold, by such weight on his scales, with 
his knowledge and consent, shall be fined not less than 
fifty nor more than one hundred dollars; Provided, that 
such dealer, in cases of sickness or unavoidable absence 
or death of the weigher employed by him, shall cause a 
deputy weigher to be duly qualified as above required, 
but who shall act only as the deputy of such weigher. 

31. Every dealer in coal shall have his scales tested by 
the Sealer of Weights and Measures for the County of 
Jefferson and The City of Louisville, at least as often as 


An ordin- 
ance regulating 
and providing 
for the weigh- 
ing ote oor. 
whensold. Ap- 
proved Apr. 3, 
1880. Sec. 1 
et Seq. 


9 


INSPECTION, WEIGHTS, AND MEASURES. 


once every two months, if such scales be not under a cov- 
ering or shed and protected from the weather; and if his 
scales be protected from the weather, he shall have his 
scales tested by the Sealer of Weights and Measures at 
least once every four months. 

32. Any person whoshall sellas much as twenty bushels 
of coal without weighing the same as provided in this 
ordinance, except by express contract, shall be fined not 
less than twenty-five nor more than fifty dollars; Pro- 
vided, that whenever the Ohio River shall overflow the 
scales now used by the coal dealers in this City for weigh- 
ing coal, so that they can not be used for that purpose, 
and only in that event, the weigher of each dealer whose 
scales are so submerged shall estimate each load sold, and 
give his certificate accordingly. But all scales hereafter 
erected by coal dealers shall be placed above high water 
mark. If a coal dealer has no seales of his own, or his 
are out of repair or submerged, he shall go to some scales 
where there is an authorized weigher of coal. 


33. Every person weighing coal under the provisions 
of this ordinance shall give to the driver of the vehicle, 
in which the same is hauled and delivered, a certificate 
or ticket of the weight thereof, and it shall be presented 
by the driver to the person to whom such coal is to be 
delivered, or to his agent; and he shall not deliver such 
coal until said ticket be signed by said purchaser or his 
agent, or unless, after reasonable search, such person or 
his agent can not be found. 


34. Any person believing that any load of coal offered 
to be delivered to him does not weigh as much as the 
ticket represents, shall have the same weighed and take a 
certificate of the weight, and if it shall be that said load 
is as much as twenty-five pounds short in weight, or as 
much as twenty-five pounds less weight than represented 
in the ticket, the dealer so offering to sell said coal shall 
be fined for each offense not less than ten nor more than 
twenty dollars. Butif it shall turn out on the weighing 
of such load of coal that it is not deficient in weight, 


INSPECTION, WEIGHTS, AND MEASURES. 


then the person having the same weighed shall be lable 
to the coal dealer for the detention of his team and 
hand, and also for the cost of weighing same. 


35. Any person who shall weigh twenty bushels of 
coal, or cause the same to be weighed, within The City of 
Louisville, without using such weights, beams, and scales 
as Shall have been first examined, tested, and sealed by 
the Sealer of Weights and Measures for the County of 
Jefferson and City of Louisville, shall be fined not less 
than twenty nor more than one hundred dollars. 


36, Hach inspector, weigher, and measurer of coal, 
wood, and lime shall, by himself or deputy, when re- 
quired, inspect and measure all stone-coal sold by whole- 
sale, and class the same, according to quality, and shall 
estimate two thousand six hundred and eighty-eight cubic 
inches as a bushel, and give the seller a certificate of the 
quantity and quality thereof, and shall in like case in- 
spect and weigh all stone-coal sold by retail, estimating sev- 
enty-six pounds of screened, or eighty-four pounds of 
unscreened coal as a bushel, and shall give the driver of 
the vehicle carrying it a certificate specifying the quan- 
tity by weight such vehicle contains, and the quality of 
coal, and also the names of the seller and purchaser, ana 
the seller shall furnish each driver of a vehicle loaded 
with stone-coal a certificate ef the name of the seller, and 
to whom the coal is to be delivered, which certificate shall 

be filed by the inspector. 


37. All stone-coal shall be classed as one of four classes, 
and whenever the greater part 1s slacked or in a pulver- 
ized state, it shall be rated in the fourth class, and a fair 
deduction of weight shall be made on account of mud or 
water therein. 


38. Each inspector, weigher, and measurer of coal, 
wood, and lime shall, in person or by deputy, be at all 
times (Sundays excepted) in readiness to perform any 
duty connected with the office. He shall measure, mark, 
and certify vehicles for the conveyance of coal, wood, 


Ordinance, 
approved May 
12, 1854. 


An ordin- 
ance prescr ib- 
ing the duties 
of inspectors, 
weighers, and 
measurers of 
coal, wood, and 
lime. Ap- 


382 


INSPECTION, WEIGHTS, AND MEASURES. 


proved Aug. 
28, 1856. Sec. 


1, et seg: 

Ordinanec, 
approved Noy. 
17, 1853. 


Ordinance, 
approved Nov. 
5, 1853. 


and lime, and in all respects shall perform his duties, un- 
der penalty of twenty dollars for each and every viola- 
tion thereof. 


39. He shall keep an office at or near the public scales, 
which shall always be in order and repair, and it is made 
imperative on him to report to the City Attorney for 
prosecution all parties not elected as provided for in the 
charter who are in the habit of weighing or measuring 
coal, wood, or lime for dealers in said articles. He shall 
report quarterly, on the first days of April, July, Octo- 
ber, and January, of each year, to the General Council, 
the quantity of coal, wood, and lime inspected, measured, 
or weighed by him. 


40. Any person other than an inspector, weigher, and 
measurer of coal, wood, or lime, elected under the pro- 
visions of the City charter, who shall inspect, weigh, or 
measure coal, wood, or lime, or measure and mark ve- 
hicles for conveying the same, shall be fined twenty-five 
dollars for each offense. 

41. He shall, before entering upon the duties of his 
office, give bond and security in the sum of two thousand 
dollars for the faithful performance of his duties, and 
bond to be approved by the General Council. 


42. Two hundred and twenty-one thousand one hun- 


dred and eighty-four cubic inches shall be the standard 


measure of one cord of wood, and all wood fuel inspected 
shall be measured by that standard, and shall be classed 
as first, second, or third rate, according to its quality. 


43. Whenever its inspection is desired, and the inspec- 
tor believes that he can not do justice by measuring it in 
the boat, load, lot, or parcel, asit is on or near the wharf, 
if the purchaser so requires, the seller shall have the wood 
corded at the wharf for convenient inspection at his own 
cost and charge. 

44, The standard bushel of lime shall be two thousand 
six hundred and eighty-eight cubic inches; and lime 
brought into The City for sale shall be classed as follows: 


INSPECTION, WEIGHTS, AND MEASURES. 


Unslacked lime, well burnt, first quality; clean slacked 
lime, second quality; and slacked lime, mixed with water 
or other injurious matter, shall be classed as refused. 


45. Each inspector, measurer, and weigher of coal, 
wood, and lime shall be allowed these fees, namely: Five 
cents’ for each hundred bushels of coal inspected and 
measured in bulk by the boat-load, lot, or parcel, and 
sixteen cents for each hundred bushels inspected and 
weighed by the small quantity, and at those rates for less 
quantities; four cents for each cord of wood; and at the 
rate of twenty-five cents for each one hundred bushels 
of lime; and twenty-five cents for each vehicle he shall 
measure and stamp, to be paid by the sellers of the 
coal, wood, or lime, or by the owners of the vehicles 
respectively. 


46. The Louisville Board of Trade shall have power to 
define the duties of the flour inspectors of Louisville, to 
fix their fees; and establish such rules and regulations as 
they may see proper for governing the same. So much 
of Section 8 of the charter of The City of Louisville, and 
all acts or parts of acts in conflict herewith are hereby 
repealed; provided, that the fees of the present inspectors 
of flour shall not be changed during their term of office. 


47. All persons selling ice, from wagons or other 
vehicles, in this City, shall furnish each wagon or vehicle 
with a scale-beam, and weigh each parcel before delivering 
it whenever the purchaser desires it. Any person violat- 
ing any of the provisions of the first Section of this 
ordinance shall be fined five dollars for each offense. 


48. Each inspector and gauger of liquors, oils, and 
other liquids, shall provide himself with, and use the 
hydrometer as required by the inspection laws of Ohio, 
and known as the per centage hydrometer, now manu- 
factured by D. Wells, of Cincinnati, and, on request of 
the owner or agent, shall attend immediately in any part 
of The City, and there gauge the cask and examine the 
quality and proof of liquors contained therein, and mark 


383 


Ordinance, 
approved Dec. 


2, 1855. 


An act to 
amend an act 
entitled An act 
to incorporate 
the Louisville 
Board of Trade. 
Approved May 
5, 1880. 


Ordinance, 
approved July 
18, 1874. 


Ordinance, 
approved Oct. 
28, 1853. 


Ordinance, 
approved Apr. 
4, 1865. 


INSPECTION, WEIGHTS, AND MEASURES. 


on the barrel or cask its true contents in wine gallons, 
with the name of the inspector and place of inspection. 
In case the contents be spirits, he shall also mark thereon 
its quality of proof. 


49. If he thinks the cask is not in good condition for 
exportation, he shall mark it ‘‘condemned,”’ and if the 
heading or staves of the cask be of unusual thickness, he 
shall allow for that and condemn the cask; and any 
person who shall sell or offer to sell the contents, or the 
cask and contents, without apprising the purchaser of 
such unusual thickness of the cask, shall be fined fifty 
dollars. 


00. Any person who shall, with intent to defraud _ 
another person, alter or deface any mark made on a cask 
for or by the inspector, shall be fined fifty dolars. 


51. If an inspector as aforesaid shall neglect or refuse, 
except when sick, to perform his duties aforesaid within 
a reasonable time after being requested to do so, he shall 
be fined twenty dollars; and if he shall Knowingly mark 
any cask of liquors, oils, or other liquids, as containing 
less or more than its true contents, or of spirits as of a 
proof different from its true proof, he shall be fined fifty 
dollars. 


52. Condemned barrels shall be valued at fifty cents. 


93. Every three months the inspector shall report to 
the Council the number of casks of different kinds and 
contents inspected, and the fees received by him. 


04. Each inspector and gauger of liquors, oils, mo- 
lasses, and other liquids, shall have the following fees, 
to be paid by the employer, namely: For gauging (in- 
cluding proving when necessary) whisky, oil, molasses, 
petroleum, or benzine, for each barrel, seven and a half 
cents; for single barrels of either, fifteen cents; for gaug- 


Ing varnishes or turpentine, fifteen cents per barrel, pipe, 


or half pipe; for ullaging, separate from gauging, five 
cents per barrel; for proving without gauging, five cents 


INSPECTION, WEIGHTS, AND MEASURES. 


per barrel; for gauging liquids not named, fees to be same 
as for whisky. 

59. Each inspector and gauger of liquors, oils, and 
other liquids shall, in addition to the requirements as 
provided in ordinance approved October 28, 1853, provide 
himself with, and use in all inspections of liquids made 
by him, Prime & McKean’s combination rod and scale, 
as now used by the United States government. 


06. There shall be elected at such time as the General 
Council may by resolution determine, and annually 
thereafter in the month of October, two inspectors of 
beef, cattle, hogs, and sheep. 

57. The inspectors first elected under this ordinance 
shall hold their office until the first day of November, 
1871, and the inspectors subsequently elected shall hold 
their office for one year, or until their successors are 
elected and qualified. | 


58. Said inspectors are hereby empowered to appoint 
as many deputies as are necessary to carry out the pro- 
visions of this ordinance, subject to the approval of the 
General Council; the pay of all deputies thus appointed 
to be paid by the inspectors from the fees received as 
hereinafter mentioned. 


99. No inspector or deputy inspector holding office 
under this ordinance shall, during his continuance in 
such office, be engaged or interested, directly or ‘indi- 
rectly, in the purchase or sale of any cow, bullock, bull, 
or calf, sheep, or lambs, or any lot or lots of either. 


60. It shall be the duty of said inspectors and their 
deputies to inspect the condition of every animal named 
in Section 3 of this ordinance that is brought into this 
City for sale for slaughtering purposes. and all such 
animals as may be condemned, as specified in an ordi- 
nance approved October 18, 1870, entitled ‘‘An ordinance 
to prevent the sale of unwholesome articles of food,’’? 


a —— 


2Q. v. in Chapter xxvii., ante. 
25 


Ordinance, 
approved Apr. 


14, 1874. 

An ordin- 
ance creating 
the office of in- 


spectors of live 
stock, and pro- 
viding for the 
inspection of 


same. Ap- 
prov ed Nov. 
14, 1870. Sec. 
l, et seq. 


INSPECTION, WEIGHTS, AND MEASURES. 


An act to 
create the office 


of inspector of 


imported Jum- 
ber in The City 
of Louisville. 
Approved Jan. 
14,1858; am- 
ended Feb. 17, 
1858. 


shall be indelibly marked or branded in such manner as 
the Board of Health may direct; and said inspectors or 
their deputies shall notify the owner or owners or the 
agents of the owners of such animal that the same can 


‘not be offered for sale for slaughtering purposes, nor can 


it be slaughtered or offered for sale for human food in 
this City. 


61. It shall also be the duty of said inspectors to make 
monthly reports in writing, through the Board of Health, 
to the General Council, the number and kind of animals 
inspected, and also the number and kind condemned. 


62. Said inspectors are hereby empowered to collect 
from the packers, butchers, and other persons buying 
such live stock as is mentioned in Section 8 of this ordi- 
nance? for slaughtering purposes, the following fees: For 
beef cattle (cows, calves, bulls, or bullocks), in lots of 
five and less than five, five cents each; in lots of more 
than five, three cents each; sheep and lambs, in lots of 
ten or less than ten, three cents each; in lots of more 
than ten, two cents each; hogs or pigs, in lots of twenty 
or less, two cents each; in lots of more than twenty, one 
cent each. 


63. Before entering upon the duties of their office the 
inspectors and deputy inspectors shall take an oath to 
faithfully comply with all the ordinances and regulations 
now in force or that may hereafter be passed by the 
General Council in relation to their duties, and they shall 
also give bond with security (to be approved by the Gen- 
eral Council), the inspectors in the sum of five thousand 
dollars each, and the deputy inspectors in the sum of 
twenty-five hundred dollars each, for the faithful per- 
formance of their duties. 

64. The office of Measurer of Lumber for The City of 


Louisville is hereby created. The General Council of The 
City of Louisville shall annually, in the month of January, 


8 Section 59, above. 


INSPECTION, WEIGHTS, AND MEASURES. 


elect some suitable person to fill the office aforesaid; and 
they shall, by ordinance to be approved by the Mayor of 
said City, prescribe the duties of such officer. and also 
the fees to be paid him for his services, and by whom 
ghey shall be paid. 

65. The Mayor and General Council shall have power 
to remove said officer, and declare said office vacant for 
any willful neglect of duty, or failure on his part to dis- 
charge impartially and in good faith the duties of said 
office. 

66. The measurer of lumber shall measure, or cause 
to be measured, all foreign lumber brought to this City, 
when called upon so to do, and shall keep a record of the 
same. | 

67. The measurer shall receive fees for his services at 
the following rates, to be paid by the parties employing 
him: For all sawed lumber, twelve and one-half cents 
per thousand superficial feet; and for logs, eight cents 
per thonsand cubic feet; and ten cents per thousand for 
inspecting shingles. 

68. Each inspector of pork, beef, lard, tallow, and but- 
ter shall have, of persons employing them, these fees, 
to wit: For each barrel or tierce of beef or pork, twenty- 
five cents, and for each half barrel, fifteen cents; for each 
cask, barrel, firkin, or keg of lard, tallow, or butter, five 
cents. 

69. His duties shall be the same as those prescribed 
for like officers under the State laws. 


70. Each inspector of salt shall have these fees of per- 
sons employing him, namely: For each barrel of a parcel 
nor more than five, five cents; of a parcel between five 
and ten barrels, four cents; and of a parcel more than 
ten barrels, three cents a barrel. 


71. His duties shall be the same as those prescribed for 
like officers under the State laws. 

72. Any inspector of flour, or of pork, beef, lard, tal- 
low, and butter, or inspector and gauger of liquors, oils, 


387 


Ordinance, 
approved Apr. 
29, 1858. 


Ordinance, 
approved Noy. 
17, 1853. 


Ordinance, 
approved Noy. 
5, 1853. 


Ordinance, 
approved Nov. 
17, 1853. 


INSPECTION, WEIGHTS, AND MEASURES. 


An act to 
regulate public 
grain ware- 
houses in this 
commonwe Ith. 
Approved Apr. 
28, 1880. Sec. 
11 et Seq. 


and other liquids, or inspector, weigher, or measurer of 
coal, wood, and lime, who shall, for himself or for others, 
be engaged or interested in the business of buying, sell- 
ing, or trading in such articles as he is authorized to in- 
spect, weigh, gauge, or measure, or shall interfere in such 
purchase or sale, by recommending a particular pur- 
chaser or seller, with a view of obtaining employment in 
his office, shall be fined twenty dollars, and such act shall 
be cause of removal from his office. 


73. The Louisville Board of Trade may, from time to 
time, appoint, in such way as it shall provide beforehand 
by its own by-laws, an inspector, weigher, and a regis- 
trar for the warehouses in Jefferson County, and fix their 
duties, the amount and kind of bond to be given by them, 
and their fees; and the said Board of Trade shall, at least 
once in each year, establish standard grades of the various 
kinds of grain by which the inspectors shall be governed 
in their inspections, but any warehouseman or other 
person in interest may, on summary complaint to the 
Jefferson Court of Common Pleas, or the Circuit Court of 
the County obtain a reduction of those fees if, in the 
opinion of that court they are exorbitant, and the same 
court shall, upon complaint of malfeasance or neglect, 
remove any inspector, weigher, or regtstrar, and declare 
him incompetent for reappointment for any length of 
time, the proceedings being as near as may be similar to 
those of vacating an office. 

74, Every such warehouseman shall, before receiving 
any grain on store, and thereafter, within the first week 
of every January and July, publish his rates of storage 
and charges for receipts and deliveries, by posting them 
in his office and in the rooms of the Board of Trade in 
The City of Louisville, and shall not increase them 
during the intervening time. } 

75. No public warehouseman shall be held responsible 
for any loss or damage to property by fire while in his 
custody, provided reasonable care be exercised to protect 
and preserve the same; nor for loss or damage by heating, 


INSPECTION, WEIGHTS, AND MEASURES. 


if he has exercised due care in handling and storing the 
grain, and the heating resulted from causes beyond his 
control. To prevent injustice from heating, it shall be 
the duty of the warehouseman, as nearly as possible, to de- 
liver out grain of each grade in the order of time in which 
it was received. In case, however, that a warehouseman 
shall discover that any part of the grain in his warehouse 
is out of condition, or becoming so, and it is not in his 
power to preserve the same (provided it is not stored in a 
separate bin, and as above provided for), he shall, by 
notice published in a daily newspaper of Louisville, or in 
the county where the warehouse is situated, if there 
be one, and posted at the Board of Trade rooms, of its 
actual condition, as near as he can ascertain it; state the 
kind and grade of grain, and the-bin in which it is stored, 
and shall also state, in such notice, the receipts outstand- 
ing upon which such grain will be delivered, giving the 
numbers, amounts, and dates of each, which receipts 
shall be those of the oldest dates then in circulation or 
uncanceled, the grain represented by which has not pre- 
viously been declared or receipted for as out of condition; 
or if the grain longest in store has not been receipted for, 
he shall so state, and shall give the name of the party 
for whom such grain was stored, the date it was received, 
and the amount of it; and the enumeration of receipts and 
identification of grain so discredited shall embrace, as 
near as may be, as great a quantity of grain as is con- 
tained in such bins; and such grain shall be delivered 
upon the return and cancellation of the receipts, and the 
unreceipted grain upon the request of the owner or per- 
son in charge thereof. 


76. Nothing herein contained shall be held to relieve 
the said warehouseman from exercising proper care and 
vigilance in preserving such grain after publication of its 
condition; but such grain shall be kept separate and 
apart from all direct contact with other grain, and shall 
not be mixed with other grain while in store in such 
warehouse. 


359 


390 


INSPECTION, WEIGHTS, AND MEASURES. 


An actto 
provide for the 
$2023 eer aro 
Weights and 
Measures for 
Jefferson Co. 
and to fix his 
duties and fees. 
Approved Mar. 
3, 1882 Sec 
1 et seq. 


77. Any warehouseman guilty of any act or neglect, 
the effect of which is to depreciate property stored in the 
warehouse under his control, shall be held responsible as 
at common law, or upon the bond of such warehouse- 
man, and, in addition thereto, the license of such ware- 
houseman shall be revoked. 


78. In case the grain declared out of condition, as 
herein provided for, shall not be removed from store by 
the owner thereof within two months from the date of 
the notice of its being out of condition, it shall be lawful 
for the warehouseman where the grain is stored to sell 
the same at public auction, for account of said owner, 
by giving ten days’ public notice in a daily newspaper of 
Louisville, or of the county where the warehouse is situ- 
ated, if there be one. 


79. The County Court of Jefferson County at its levy 
term in March, 1882, and every four years thereafter, 
shall elect a Sealer of Weights and Measures for Jefferson 
County, for aterm of four years. Said officer shall before 
entering upon the duties of his office give bond to the 
commonwealth for the benefit of whoever it may concern 
in the sum of two thousand dollars, with sufficient surety 
to be approved by the County Court, for the faithful 
discharge of the duties of his office and the proper care 
of the weights and measures intrusted to him. Said 
officer shall annually make a written report to said County 
Levy Court at the March term, under oath, setting forth 
an itemized statement of all scales, weights, and measures 
tested and sealed by him during the past year, and his 
fees therefor. Said officer may appoint one or more 
deputies to assist him in the performance of his duties 
herein prescribed. 


80. It shall be the duty of said officer to take charge of 
the standard weights and measures for Jefferson County, 
and to safely keep the same; to examine, test, and seal 
all scales, weights, and measures in use or intended for 
use in said County (including The City of Louisville) 


INSPECTION, WEIGHTS, AND MEASURES. 


oo1 


once in each year; and if they are inaccurate he shall 
require that they be made correct; Provided, that all 
dormant scales exposed to the weather or out doors, of 
the capacity of eight thousand pounds and over, shall be 
inspected twice in each year. 


81, Upon complaint of any responsible person, or the 
request of the owner, it shall be the duty of the said 
officer to make additional inspection of any scales, 
weights, or measures designated; Provided, that if upon 
such complaint the scales, weights, or measures be found 
substantially correct, the complainant shall pay the fee. 


82. If any person shall refuse to permit any scales, 
weights, or measures used or about to be used by him or 
them to be inspected, or if on its being inspected and 
found materially incorrect and condemned by said officer, 
shall continue to use the same without correcting it, he 
shall be deemed guilty of a misdemeanor, and upon con- 
viction before the Jefferson Circuit Court if he resides in 
the County, or in the City Court if he resides in The City 
of Louisville, he shall be fined ten dollars; and it shall 
be the duty of said officer to prosecute all persons who 
violate the provisions of this act or the provisions of 
Section 5, Chapter 112, of the General Statutes. 


83. As a compensation for his said services the said 
officer shall be paid by the owner or user of the scales, 
weights, or measures inspected, the following fees: For 
inspecting, testing, adjusting, and sealing dormant scales 
of thirty thousand pounds capacity and over, six dollars. 
For inspecting, testing, adjusting, and sealing dormant 
scales of sixteen thousand and up to thirty thousand 
pounds capacity, four dollars. For inspecting, testing, 
adjusting, and sealing dormant scales of eight thousand 
and up to sixteen thousand pounds capacity, three dollars 
and fifty cents. For inspecting, testing, and sealing 
dormant scales of four thousand and up to eight thousand 
pounds capacity, three dollars. For inspecting. testing, 
and sealing dormant and platform scales of two thousand 
and up to four thousand pounds capacity, two dollars. 


392 


oN «Yaa 6 oon a8) 
amend an act 
entitled An act 
to provide for 
a Sealer of 
Weights and 
Measures for 
J efferso ne Co. 
and to fix his 
duties and fees; 
approved Mar. 
3, 1882. Ap- 
proved March 
12, 1884. 


INSPECTION, WEIGHTS, AND MEASURES. 


For inspecting, testing, and sealing platform scales of 
one thousand and up to two thousand pounds capacity, 
one dollar. For inspecting, testing, and sealing platform 
scales of four hundred and up to one thousand pounds 
capacity, fifty cents. or inspecting, testing, and sealing 
beam scales of one thousand pounds capacity and over, 
seventy-five cents. For inspecting, testing, and sealing 
beam scales of two hundred up to one thousand pounds 
capacity, fifty cents. For all other scales, balances and 
patent balances, twenty-five cents each. For inspecting, 
testing, and sealing weights of fifty pounds and over, ten 


cents. or weights of five pounds and up to fifty, five 
cents each. For pyramid piles of weights, fifteen cents 
a pile. For all wine and dry-measures, five cents each. 


For. yard-measures, two and one half cents each. + 

84. All acts and parts of acts within the purview of 
this act are hereby repealed. This act shall take effect 
from its passage. 

85. Section 5 of the act entitled ‘‘An act to provide for 
a Sealer of Weights and Measures for Jefferson County 
and to fix his duties and fees,’’ approved March 3, 1882, 
is amended, so that the said Section 5° shall read as fol- 
lows: As compensation for his services the said officer 
shall be paid by the owner or user of the scales, weights 
or measures inspected the folowing fees. For inspecting, 
testing, and sealing dormant scales the following fees: 
For scales over 50,000 pounds’ capacity, $10; from 30,000 
to 50,000 pounds’ capacity, $6; from 8,000 to 30,000 
pounds’ capacity, $4; from 4,000 to 8,000 pounds’ capacity, 
$3; from 2,000 to 4,000 pounds’ capacity, $2; from 1,000 
to 2,000 pounds’ capacity, 31; from 100 to 1,000 pounds’ © 
capacity, 50 cents. For inspecting, testing,,and sealing 
platform scales the following fees: For scales over 4,000 
pounds’ capacity, $3; from 2,000 to 4,000 pounds’ capacity, 
$2; from 1,000 to 2,000 pounds’ capacity, $1; from 100 to 


4 See Section 85, following. 


5 Section 83, above. 


INSPECTION, WEIGHTS, AND MEASURES. 


1,000 pounds’ capacity, 50 cents. For inspecting, testing, 
and sealing beam-scales the following fees: For scales 
over 1,000 pounds’ capacity, $1; from 100 to 1,000 pounds’ 
capacity, 50 cents. For inspecting, testing, and sealing 
all other scales, balances, and ‘patent balance-weights and 
measures the following fees: For scales and balances, 50 
cents each; each weight over 50 pounds, 10 cents; each 
weight less than 50 pounds, 5 cents; each wine and dry- 
measure, 5 cents; each yard-measure, 24 cents. 

86. All acts and parts of acts in conflict herewith are 


hereby repealed. This act shall take effect from and after 
its passage. 


Bes See Courts oF LAW—FINES AND MISDEMEANORS—GENERAL 
Councit — LIGENSE— MARKETS — OFFICES AD! OF PLGEE & = eto 
WAYS—SINKING FUND. 


393 


OFA PTE es 


LICENSE. 


CONDENTS:. 


1. The General Council to pro- 
vide for license for the various busi- 
nesses and employments carried on in 
The City, and fix penalties for doing 
business without license; list of em- 
ployments and approximated rates 
for each. 


2. The Council may require li- 
cense for employments not herein 
named. 

3. Businesses, professions, and 
crafts may be graded and classed by 
the Council, and rated according to 
statute. 


4. Duration of licenses and pay- 
ment of charges therefor. 


5. Literary and charitable enter- 
tainments may be exempted. 


6. Licenses may be transferred 
with the Council’s consent. 


7. License on dogs. 


8. Sinking Fund to have control 
of license matters; ordinances in 
force; proceeds. 


9. Attorneys and physicians ex- 
empted. 


10. Dentists exempted. 


11. Mode and conditions of trans- 
fers of license. 


12. Non-compliance with regula: 
tions a misdemeanor. 


13. General requirement of license 
and penalty for not obtaining license. 


14. The renewal of license. 
15. The revocation of license. 


16. Each business carried on in the 
same house to pay a separate license. 


17. The License Inspector; pre- 
liminary provisions for the office; 
duties. 


18. Salary of the first assistant in- 
spector. 

19. Salary of the second assistant 
inspector. 


20. Bond required of all licensed 
auctioneers; penalty for not having 
license or not complying with bonds. 


21. Architects. 

22. Astrologers. 

23. Auctioneers. 

24. Banks. 

25. Billiard-tables. 

26. Butchers, traders, and others. 

27. Cattle-brokers. 

28. Chiropodists. 

29. Circuses. 

30. Claim agents. 

31. Clairvoyants. 

32. Club-houses. 

33. Coffee-houses; application, pe- 
tition, and statement. 


34. Response of the 
notice, bond, certificate. 


Council; 


35. Classes and rates. 
36. Classification. 
Hi Duration of licenses. 
38. When licenses begin to run. 


39. Retail licenses; certificates 
to be exposed to view. 


40. Closing of houses on procla- 
mation by the Mayor. 


41. 


Violations of ordinance to 


be punished by fine. 


42. 
43. 
44, 
45. 
46. 
cant. 
47. 
48. 
49. 


62. 
63. 
64. 
cants. 
65. 
66. 
67. 
68. 


en 
Sree ae oot 


Ut 


sII 1 “J +71 -7 -1 ~~] 
He OO 


ed 


Commercial agents.. 

Dealers in milch-cows. 

Distillers; classes and rates. 
Fine for violation; repealer. 
Sworn statement of appli- 


Dogs and bitches; rates. 
Collars. 
Collection of licenses. 
Violations and fine. 


. Eating-houses. 
. Exchange offices. 


Exhibitions. 


Express companies. 


. Flying-horse arrangements. 


Fortune-tellers. 
Green-grocers. 
House agents. 


. Hucksters. 


Importers of malt-liquors. 
Classes and rates. 
Agents to be licensed. 
Violations of ordinance; fine. 
Sworn statement of appli- 


Insurance offices. 

Intelligence offices. 

Liquor dealers. 
Rates. 
Certain dealers not included. 
Violation of law; fine. 
Additional licenses. 
Sworn statements. 


. Livery-stable keepers. 
. Lottery offices. 


Market stalls. 
Mercantile agents. 
Patent-right dealers. 
Pawnbrokers. 
Peddlers. 


. Photographers. 

. Pork-houses. 

. Porters. 

. Public balls and dances. 
. Real estate agents. 


Retail liquor dealers. 


LICENSE. 


86. To licensed grocers. 
87. Sample dealers. 
88. Second-hand and junk shops; 


defined. € 
89. Bond required. 
90. Purchases of minors pro- 
hibited. 


91. Register of purchases; in- 
spections. 

92. Non-compliance with the law 
a misdemeanor; fine. 

93. Shipping agents. 

94. Shooting galleries. 

95. Skating parks. 

SG.e Rinks ‘ 

97. Street brokers. 

98. Swimming pools. 

99. Taverns; application, petition, 
and statement. 


100. Response, notice,-bond, cer- 
tificate. 

101. Taverns without retail liquor 
license. 

102. Classes with retail license, 
and rates. 

103. Classes without retail license. 

104. Classification by the Council. 

105. Duration of license. 

106. When licenses begin to run. 

107. Certificates to be exposed. 

108. Closing up by proclamation 


of the Mayor. 

109. Violations of ordinance; fine. 
110. Telegraph offices. 

111. Telephone companies. 

112. Ten-pin alleys. 

113. Tobacco warehousemen. 


114. Classes and rates. 

115. Amount of sales authorized. 

116. Additional licenses. 

117. Dealersand buyers + 1s 
rates. 

118. Amounts authorized to be 


bought or sold. 


119. Sworn statements. 

120. Violation of license law; 
fine. 

121. Copies of ordinance. 


122. Veterinary surgeons. 


395 


An act to 


The General Council shall by ordinance provide for to revise and 


396 


LICENSE. 


amend the tax 


laws of the City 
of Louisville. 
Approved May 


12, 1884. 
I, Sec. 9. 


ATt: 


the following licenses, to be paid into the Sinking Fund, 
with adequate penalties for doing business, or using, 
holding or exhibiting the articles herein named without 
the required license: For every retail grocer, confectioner, 
victualer, hawker, huckster, peddler, or any other retailer, 
except of spirituous, vinous or fermented liquors, not more 
than $100. Any other merchants or dealers in dry goods, 
clothing, drugs, medicines, wares or merchandise of any 
kind, not more than $2,500. In grading the licenses the 
General Council shall consider the repeal hereby effected 
of the ad valorem tax on merchandise, and shall aim to 
impose a tax of not less than $1 on every $1,000 of yearly 
sales at wholesale, and of not less than $2 on every $1,000 
of yearly sales at retail, and to collect the license tax 
within the above limits at the end of the year for the 
excess of sales over the estimate made at the time of 
granting the license. The sum of $2,100 shall, on the 
first of every month, beginning on the first of June, 1884, 
be paid by the Sinking Fund Commissioners into the 
City treasury for the benefit of the school fund, in lieu of 
the school tax on merchandise, which is hereby repealed. 
For any theatrical exhibition, lecture, concert, show or 
performance in The City for pay, such sum as the General 
Council may prescribe by general ordinance or joint 
resolution. For each vehicle running in said City for 
profit or hire, not less than $2 nor more than $30. For 
every lottery office or agency therefor, $200. For each 
billiard table, bowling alley, pool-table or shooting- 
gallery, not less than $50 nor more than $100; but if the 
establishment containing any of these do not allow to be 
sold or drunk on the premises any spirituous, fermented 
or vinous liquor, then the rate for such shall not be more 
than $50 nor less than $10 each. For taverns or hotels, 
public boarding-houses, or places of public resort or 
entertainment, wherein no malt, fermented, vinous or 
spirituous liquors are retailed, not less than $10 nor more 
than $50. For each tavern or hotel, coffee-house, club- 
room or any other establishment wherein malt, fer- 
mented, vinous or spirituous liquors are sold by retail 


LICENSE. 


397 


within said City, not less than $75 nor more than $1,000. 
For each livery stable or real estate office, not less than 
$10 nor more than 8100. For each rendering or tanking- 
house, dealer in cattle, sheep, hogs and other live stock, 
poultry excepted, and pork-houses, not less than $10 nor 
more than 8500. For each intelligence office, claim agent, 
street broker, pawnbroker, express company, commercial 
agent oragency therefor, or broker’ s office, telegraph office, 
insurance office or agency therefor, not less than $10 nor 
more than 8500. For each bank, banking-house, or ex- 
change office, not less than $50 nor more than $500. For 
conducting an office or carrying on the agency of any 
express or insurance company, not more than $800 per 
annum. FKoreach dealer in wood, lumber and coal, not less 
than $5 nor more than $200. For each brewer or distiller, 
not less than $50 nor more than 8500. For each master 
builder or architect, not less than $5 nor more than $50. 
For each veterinary surgeon and chiropodist, not less than 
$5 nor more than $25. Foreach astrologer, fortune-teller 
and clairvoyant, not less than 8200. For each auctioneer, 
not less than $20 nor more than S300. 


2. For any other business or employment not herein 
named the General Council may by ordinance designate 
and fix the rate and cause a license therefor to be taken 
as herein provided. 


3. Every business, profession, or craft herein provided 
to be licensed, the General Council may grade and class 
and fix the rate of license at or within minimum and 
maximum herein provided. 


4. No license shall be for a longer period than one 
year, but may be for a shorter in the discretion of the 
General Council, and the charge therefor shall be paid 
into the City Treasury before granting the license. 


9. Literary or charitable entertainments may be allowed 
by the General Council without license or charge. 


6. Any of the unexpired time of licenses herein per- 
mitted may be transferred by the holder with the assent 


LICENSE. 


An act to 
umend Section 
96 of an act en- 
titled An act to 
establish a new 
charter for The 
City of Louts- 
ville. Approv- 
ed March 38, 
1870. Approv- 
ed March 20, 
1876. 

An act to 
exempt and re- 
lease dentists 
from license in 


The City of 


Louisville. Ap- 
proved Feb. 20, 
1884. 

An -Otdi- 
nance regulat- 
ing the trans- 
fer of licenses, 
Approv’d June 
15, 1878. 


Ordinance, 
ppproved May 
28, 1856. 


of the General Council expressed by ordinance or joint 
resolution. 3 

7. The Council may also levy a yearly license tax of 
two dollars on dogs, as under Section 8 of the charter of 
1870. 

8. The enforcement of the license and collection of the 
tax on licenses shall remain as heretofore, under the con- 
trol of the Commissioners of the Sinking Fund; the 
ordinances on this subject now in force shall remain in 
force as far as compatible with this Section until repealed 
by the General Council; the proceeds of these taxes shall 
go to the Sinking Fund, except as herein provided. 


9. Section 96 of an act entitled ‘‘An act to establish a 
new charter for The City of Louisville,’ approved March 
3, 1870, is so amended as to exempt attorneys- and coun- 
selors-at-law and physicians from the provisions of said 
act. 

10. It shall hereafter be unlawful for The City of Louis- 
ville to charge or collect any license from dentists in said 
City. 

11. All licenses may be transferred from one person or 
firm to another, but no such transfer shall be made until 
the same has been indorsed by the Treasurer of the Sink- 
ing Fund upon the back of the license, and the transferee 
has paid into the treasury of said Sinking Fund five 
per cent. on the sum paid for such original license. 


12. Any person or firm who shall do business upon a 
license transferred, withdut the person or firm to whom 
the same is transferred having compled with the provis- 
ions of Section 1 of this ordinance, shall be deemed 
ecuilty of a misdemeanor, and, upon conviction thereof, 
shall be fined not less than five dollars nor more than 
twenty dollars for each offense. 

13. Whenever anything is required, either by the City 
charter or ordinances, to be licensed, any person who 
shall do such thing without being thereto, at the time, 
duly licensed by The City, shall be fined not less than 


LICENSE. 


B99 


five nor more than fifty dollars each day, and shall be 
taxed an attorney’s fee as in case of misdemeanors; but 
when the fine is otherwise specially designated, then he 
shall pay such fine. | 


14. Licenses may be renewed on the same terms which 
they are granted. 


15. Every license is granted subject to the right of the 
General Council to revoke it upon sufficient cause, to be 
judged of and determined finally by the General Council; 
upon such revocation the license is void, and the amount 
paid for such license shali be forfeited. 


16. In every case where more than one of the pursuits, 
employments, or occupations which by charter and ordi- 
nance are specially required to be licensed shall be 
pursued or carried on in the same place by the same 
person at the same time, the license shall be-paid for 
each pursuit, employments, or occupation, according to 
the rates severally prescribed by ordinances regulating 
the same. 


17. The duties of License Inspector are to be performed 
by the Assessor of Taxes, until the Council shall provide 
for the election of License Inspector for the Eastern and 
Western Districts, but when they are elected and quali- 
fied all the enactments as to said duties will refer to said 
inspectors within their respective districts. The License 
Inspector shall keep in a book in his office an alphabet- 
ical list of all licenses, adding each one as it is issued. 
In each month he shall furnish each day watchman with 
a list of all licenses in his ward, and designate a day or 
days in which said watchman shall inspect his ward, and 
ascertain and report to him all persons who do anything 
without license which is required to be licensed, and the 
License Inspector may, under resolution of the Council, 
impose the same duties on one or more of the other 
officers of The City. He shall also, in every February 
and August, report to the Council a list of all licenses 
issued during the previous six months, and separately of 


Ordinance, 
approved Mar. 
9, 1857. 


Ordinance, 
approved Nov. 
1, 1858. 


Ordinance, 
approved May 
19, 1877. 


An Ordin- 
anee as to the 
duties and office 
of License In- 
spector. Ap- 
proved Nov.17, 
1853. 


400 


Ordinance, 
approved Aug. 
14, 1867. 


Ordinance, 
approved Sept. 
16, 1867. 


Ordinance, 
approved Oct. 
27, 1853. 


LICENSE. 


each kind, with the names, alphabetically, of the persons 
having license, date of its issue, and price thereof, and 
shall recommend such changes in prices and other things 
in regard to licenses as he may deem expedient for the 
future, and whenever required he shall report thereon to 
the Mayor or Council, or a committee thereof. 


18. The salary of the first assistant license inspector 
shall be 81,320 per annwm, payable monthly out of the 
Sinking Fund. 


19. From and after the passage of this ordinance the 
salary of the second assistant license inspector shall be 
$1,000 per annwn, payable monthly out of the Sinking 
Fund, upon the certificate of the Assessor that the said 
assistant has performed the duties required of him. 


20. License may be granted to persons to act as auc- 
tioneers ‘for selling at auction or public outcry in The 
City, goods, wares, merchandise, bank, railroad, in- 
surance, and other corporation stocks, houses, lots, lands, 
and manufactured articles and produce of all kinds; but no 
person shall receive such license until he shall have entered 
into bond ina penalty of $3,000, with one or more sureties, 
approved by the Council and conditioned as required by 


the City charter or by law. If any person shall sell such 


property as is described without being at the time 
licensed so to do, or if, being licensed, he shall fail to 
comply with any condition of his bond, or with law or 
ordinance relating to such auctioneers, he shall, in either 
case, be fined fifty dollars. ? | 


——_—__—_—— 


1The right to grant licenses may be delegated to cities and towns by the 
State legislature.—Kniper v. City of Louisville, 7 Bush, 599. This delegated 
authority must be strictly construed and closely pursued.—Ib. And where 
the statute specifies the minimum and maximum limits of the amount ofa 
license fee, as in the charter of The City of Louisville, such limits must be 
strictly observed by the authorities fixing the license fee.—Jb. So, where the 
statute said, for each brewer or distiller, not less than fifty nor more than 
five hundred dollars; and the ordinance of the Council, passed thereunder, 
required brewers to pay one tenth of one per cent. on the amount of liquor 
manufactured, the ordinance was held inoperative and invalid._Ib. A dog 


LICENSE. 


401 


21. Every person or firm whose business it is to plan, 


design or superintend the construction of buildings or 
steamboats, or of roads or bridges, shall be deemed an 
architect, and shall pay a license therefor of ten dollars 
per annum. This shall not include a practical carpenter 
who labors on a building, or a master builder or con- 
tractor. Any person violating any of the provisions of 
this ordinance shall for each offense be fined ten dollars. 


22. All astrologers who shall practise their business 
in said City for fee or reward shall pay a license each of 
two hundred dollars per annwm. Any person who shall 
violate this ordinance shall for each offense be fined not 
less than twenty nor more than one hundred dollars. 


23. Every person shall be deemed an auctioneer whose 


ordinance, requiring “the owner to apply to the city clerk to register, and pro- 
cure a brass collar, duly stamped, for each dog, and to pay to the city clerk at the 
time of registry two dollars for every dog so owned and registered, which tax 
the clerk shall pay into the city treasury,” etc., was held to be a police regula- 
tion.—Commonwealth v. Markham, 7 Bush, 486. And this ordinance was 
declared to be a license law: the two dollars being the price of the license or 
tax for the privilege, and the collar and stamp being passports for the 
security of registered dogs.—Ib.; Falmouth v.Watson, 5 Bush, 660. The act 
of March 2, 1860, prohibiting sales by sample and without license, in The 
City of Louisville, of goods of a non-resident having no place of business in 
that City, is constitutional, and the act is not repealed by Section 10 of the 
act of 1865, empowering the authorities of Louisville to grant license for 
such trade.—Commonwealth v. Smith, 6 Bush, 303; Mork v. Commonwealth, 
6 Bush, 397. The State may constitutionally require a license for selling in 
particular places, without requiring it in all places, even though revenue as 
well as local policy may be one of the effects and motives of the requisition.— 
Mork v. Commonwealth, supra. All contracts to pay for goods purchased of 
peddlers selling goods not manufactured in Kentucky, and selling them 
without license, are void.—Bull § Rayburn v. Harragan §& Bracken, 17 B. 
Mon., 349. Selling goods by sample is not peddling.—Commonwealth v. 
Jones, 7 Bush, 502. A. provision of the charter of the town of Richmond, 
authorizing a tax of five per cent. upon all sales made by autioneers, except 
such as were made by the citizens of town or county who were bona fide owners 
of the property sold, discriminated against citizens of other States, was there- 
fore declared unconstitutional.— Daniel v. Trustees of Richmond, 78 Ky., 542. 
It is in the power of the city officers alone to call on hawkers and peddlers for 
an exhibition of their license to sell.—Stromburg v. Earick, 6 B. Mon., 581, On 
the trial of an indictment for retailing ardent spirits without license, tl. > 
commonwealth is not bound to prove the negative of no license,—the defenc.- 
26 


Ordinance, 
approved Oct. 
Lele tL 


Ordinance, 
approved July 
23, 1870. 


Ordinance, 
approved July 
14, 1870. 


402 


LICENSE. 


business it is to offer property at public sale to the highest 
or best bidder, and shall pay a license therefor. Auc- 
tioneers whose annual sales do not exceed $50,000 shall 
pay a license of $25 per annwm,; whose annual sales do 
not exceed $100,000 and are over $50,000, shall pay a 
license of 850 per annum; whose annual sales do not 
exceed $200,000 and are over $100,000, shall pay a license 
of S100 per annwm,; whose annual sales do not exceed 
$300,000 and are over $200,000, shall pay a license of $200 
per annum, and those whose annual sales exceed $300,000 
per annum shall pay a license of $800 per annwin; Pro- 
vided, that the provisions of this Section shall not apply 
to judicial or executive officers making auction sales by 
virtue of any judgment or decree of any court, nor public 
sales made by or for executors, administrators or guard- 


ant must show license.—Haskill v. Commonwealth, 3 B. Mon., 342; and see 
Ridding v. Commonwealth, 3 B. Mon., 339, as to the sufficiency of the indictment. 
The General Council of The City of Louisville is not bound to license 
coffee-houses, but may refuse to do se. The business of a coftee-house keeper 
is not like a lawful business, which anybody who choses may carry on, but it 
is of that nature that, although it can not be prohibited by the City authori- 
ties, it may be subjected to their police regulations.—City of Louisville v- 
Kean, 18 B. Mon., 9. And, hence, the granting or refusing to grant a tavern 
or coffee-house license is the exercise of a judicial, not an arbitrary, discre- 
tion, and there will be no cause of complaint until the discretion shall have 
been abused.— Jb. But a court of law in Louisville has awarded mandamus . 
compelling the General Council to grant tavern license after they had refused 
it, and the award sustained in the Court of Appeals—— NWaye v. Kean, 18 B, 
Mon., 839. Though the discretion in granting or refusing liquor license is 
broad, it may not be exercised in an arbitrary and unlimited manner. But 
if the evidence fails to show any necessity for the grant, the court will not 
say that the refusal was an abuse of the discretion conferred. — Hoglan v. 
Commonwealth, 3 Bush, 147. Tavern-keepers may be required to pay a 
license to towns by authority of legislative enactment, notwithstanding they 
have paid both the United States and State lcense-——Mason v. Trustees of 
Lancaster, 4 Bush, 406. And town authorities may refuse to grant license, 
and without such license a tavern-keeper will not be authorized to sell liquors, 
even though he had paid for and obtained a license from the United States, 
and also from the State——Jb. On an application for tavern license, the 
County Court has a large margin of discretion which the Court of Appeals 
should never control unless it has been manifestly abused.—Nepp v. Common- 
wealth, 2 Duv., 546. It was held in Trustees of Falmouth v. Watson, 5 Bush, 
C60, that authority conferred on the town trustees by act of the legislature 
to exact the payment of not more than three hundred dollars from any per- 


LICENSE. 


ians of any estate held by them. Any person violating 
any of the provisions of this ordinance shall for each 
offense be fined not less than twenty-five nor more than 
fifty dollars. 

24. Every incorporated bank, organized under law, 
having a place of business in this City, where credits are 
opened by the deposit or collection of money or currency, 
subject to be paid or remitted on draft, cheque, or order, 
or where money is advanced or loaned on stocks, bonds, 
bullion, bills of exchange or promissory notes, or where 
stocks, bonds, bullion, bills of exchange or promissory 
notes are received for discount or for sale, shall be re- 
garded as a bank, and shall pay an annual license graded 
as follows, to wit: Each bank having a capital of $50,000 
or under that sum, 850; each bank having a capital of 


son selling spirituous liquors by retail within one mile of the town limits, is 
a police regulation, and not unconstitutional; but that, if it were a simple tax 
for local municipal purposes alone, it would be unconstitutional. Druggists 
may sell liquors for medicinal purposes without license.—Anderson v. Com- 
monwealth, 9 Bush, 569; Hainline v. Commonwealth, 13 Bush, 350. A. statute 
will not be construed to impose a double tax upon the same property for the 
same purpose, unless it is required by the express words of the statute or by 
necessary implication.—Livingston v. City of Paducah, decided by the Court of 
Appeals January 27, 1885, A tax statute which discriminates and directly 
imposes upon a particular kind of property a double burden for the same 
purpose is invalid.—Jb. The statute providing for the imposition of a special 
tax upon vehicles running in the city of Paducah, notwithstanding the same 
vehicles are, by a different statute, subject to an ad valorem tax for the same 
purpose, is valid to the extent that it provides for a tax upon vehicles “used 
in the conducting of or in connection with the regular business of the per- 
son or persons so using them,” the subject of taxation being the business, 
and not the vehicles used as means in carrying it on; but so far as the stat- 
ute imposes a tax upon vehicles “owned and used in the city for family use 
only,” it is invalid, this being a double tax directly imposed upon the same 
property for the same purpose.—I>. Money received by a city in considera- 
tion of a license to sell can not be retained if the city fail to issue a valid 
license.—City of Owensboro v. Elder, Decided by the Court of Appeals Septem- 
ber 28, 1881; unreported. It was not necessary to allege that he, the person 
to whom the license was issued, received no benefit from the license issued; 
this is not like a case where the city has improved the property of a party, 
although under a void ordinance; the party paying will not be allowed to re- 
cover the money back when he has derived such benefits as would have 
resulted from the labor expended, if the ordinance had been a valid one. 
—Ib. 


403 


Ordinance, 
approved May 


31, 1879. 
1, et seq. 


Sec. 


404 


Ordinance, 
approved Apr. 
2, 1888. Sec. 1, 
et seq. 


Ordinance, 
approved Dee. 
17, 1869. Sec. 
1, set seq: 


Ordinance, 
approved Jan. 
19, 1874. 


LICENSE. 


$50,000 and not exceeding $100,000, 8100; each bank hav- 
ing a capital of over $100,000 and not exceeding $200,000, - 
S150; each bank having a capital of over. $200,000 and 
not exceeding $300,000, $200; each bank having a capital 
of over $300,000 and not exceeding $400,000, $300; each 
bank having a capital of over $400,000 and not exceeding 
$500,000, $400, and each bank having a capital exceeding 
$500,000, 8500. Each day any incorporated bank shall 
do business in this City without first obtaining a license, 
as provided in Section 1 of this ordinance, shall be held 
to be a distinct offense, and for each and every violation 
of this ordinance shall be fined twenty dollars. 


29. Each and every billiard table in this City kept for 
profit or hire or compensation of any kind shall pay a 
license of fifty dollars per annwm into the Sinking Fund, 
provided, however, if the establishments in which such 
table or tables are kept do not sell or allow to be sold or 
drunk on the premises any spirituous, fermented or 
vinous liquors, then the rate for such table or tables 
shall be twenty-five dollars each. Any person who shall 
keep a billiard table without having first obtained a 
license as provided in Section 1 of this ordinance shall be 
fined for each offense not less than twenty-five nor more 
than fifty dollars. 


26. The price of license per annwmn for butchers, huck- 
sters, and traders in the private markets shall be as fol- 
lows, v7z.: Butchers’ license, twenty-five dollars per 
annum, hucksters’ and traders’ license, not less than ten 
nor more than thirty dollars, to be rated by the License 
Inspector. Gardeners retailing vegetables of their own 
raising shall not be required to pay license therefor. Any 
person who shall sell or offer for sale without having first 
procured a license as provided in the foregoing Section, 
or who shall violate any of the provisions of this ordi- 
nance, shall for each'offense be fined not less than five 
nor more than twenty dollars. 


27. Any person whose business it is to buy, or sell, or 


LICENSE. 405 


—— 


deal in horses, cattle, hogs, or sheep, shall be considered 
as a cattle-broker, and shall pay each an annual license 
of twenty-five dollars. Any person violating this ordi- 
nance shall, for each offense, be fined not less than ten 
dollars, nor more than twenty-five dollars. 


28. Each and every chiropodist who is engaged in the Ordinance, 
: briny : : - ‘ ’ approved July 
practice of his profession in said City for fee or reward, 14, 1870. 
shall pay a license of ten dollars per annwm. Any 
person violating any of the provisions of this ordinance 
shall for each offense be fined not less than five nor more 


than ten dollars. 


29. The price of license for a circus shall be fifty Ro dliNoe: 
dollars for each twenty-four hours, and any person who 17, 1853. 
shall exhibit a circus in The City without license, shall 
be fined not less than fifty nor more than a hundred 
dollars for each day’s offense. This license shall apply 
only to the exhibition under one large booth or awning, 
and all those exhibitions that accompany the same, that 
also exhibit for profit separate from the other, shall be 
charged an additional twenty-five dollars, each, for each 


twenty-four hours so exhibited. 


30. Hereafter it shall be unlawful for any person to Ordinance, 
engage in the business of obtaining pensions from the Se iaT7, ne 
government of the United States or prosecuting or collect- 
ing claims against the same for compensation without 
having first obtained a license therefor. The price of the 
license for such claim-agent shall be twenty dollars per 
annum. Any one violating the provisions of this ordi- 
nance shall for each offense be fined not less than ten 
dollars nor more than fifty dollars. 


31. All clairvoyants who shall practise their business Ordinance, 
: ‘ : : approved Aug. 
in said City for fee or reward, shall each pay a license of 93° 1879. 
twenty dollars per annum. Any person who shall violate 
this ordinance shall, for each offense, be fined not less 


than five nor more than fifty dollars. 


32, Every club-house and club-room and every place Seat ais 
approvec Cl. 


of resort generally known as such, wherein malt, fer- 10, 1871. 


406 


An ordi- 
nance concern- 
ing coffee- 
houses and cof- 
fee-house keep- 
ergs as to the 
rates of license 
and regulations 
for such houses. 
Approved Oct. 
30, 1882. Sec. 1. 


Id., Section 2. 


LICENSE. 


mented, vinous, or spirituous liquors are sold by retail 
within The City of Louisville, shall pay a license of two 
hundred dollars per annwm. Any person violating any 
of the provisions of this ordinance shall be fined for 
each offense not less than twenty nor more than fifty 
dollars. 

33. Each and every applicant for a license to keep a 
coffee-house in The City of Louisville shall transmit a 
petition to the General Council, signed by a majority of 
persons residing, doing business, or owning property 
within four hundred and twenty feet of the house or 
place where it is proposed that the coffee-house business 
Shall be conducted, said petitioners expressing their 
desire that the license be granted, and their belief that 
the applicant will keep an orderly and respectable house. 
The petition shall be accompanied by a statement from 
the Secretary and Treasurer of the Sinking Fund of the 
class for which the license ought to be issued, and shall 
be acted upon at the regular meeting of the General 
Council next after the meeting when it is received, or so 
soon thereafter as practicable, and no license to keep a 
coffee-house shall be granted except upon such petition 
and statement. 

34. The General Council, being satisfied to grant such 
a license, shall, through the clerk of the Board of Coun- 
cilmen, notify the applicant that he will have such license 
upon the payment into the Sinking Fund of the charge 
therefor. Upon making such payment, the applicant 
must also execute a bond, with good security, before the 
chief License Inspector, or one of his assistants, in the 
following form : 


“Know all men by these presents, that we (name of grantee and name of 
security) are held and firmly bound unto the Commonwealth of Kentucky 
in the sum of five hundred dollars, for the payment of which we bind our- 
selves, our heirs, executors, and administrators, jointly and severally, firmly 


_ by these presents. 


, 18—. 

“The condition of the above obligation is such that, whereas the said 
has obtained a license to keep a coffee-house at street, 
in The City of Louisville, for the term of Now, if the said 


«“ Witness our hands and seals this 


day of 


LICENSE. 407 


shall keep an orderly and quiet house, and not permit gaming 
or riotous or disorderly conduct therein, and shall not violate any of the 
ordinances of The City of Louisville in relation to coffee-houses or coffee- 
house keepers, then this obligation to be void, otherwise to remain in full 
force and virtue.” , 

Upon payment being made, and bond executed as 
aforesaid, the chief License Inspector, or one of his as- 
sistants, shall issue to the grantee a certificate that he is 
duly licensed, which certificate shall be in form as fol- 
lows: 


“This is to certify that 
at No. — Street, in The City of Louisville, with the privilege of re- 
tailing liquors, he having paid into the Sinking Fund of said City 
dollars, the price thereof, and executed bond to comply with all the ordi- 
nances of The City of Louisville in regard to coffee-houses and coffee-hous » 
keepers. 


has obtained license to keep a coffee-house 


99 


35. Coffee-houses shall be classed into three classes, 77. section 3. 
the price of license for which shall be respectively as fol- 
lows, to wit: For the first class, one hundred and fifty 
dollars; for the second class, one hundred and twenty- 
five dollars; for the third class, seventy-five dollars per 
annum. 

36. The General Council shall, at the time of granting J, Section 4. 
the license, fix the class of the applicant. 


37. No license shall issue for a longer period than one 17, Section 5. 
year, and shall be limited to the person or persons des- 
ignated, and to the place designated. 


38. All licenses shall run from the date of the issuance 77, section 
of the same. 


oP) 
’ 


~ 
. 


39. The certificate of license for retailing malt, fer- 1., Section 7 
mented, vinous, or spirituous liquors shall be hung up in 
a conspicuous place in the bar-room of the person 
licensed, and be at all times plainly exposed to public 
view. 

40. If on certain days, on account of unusual excite- 77. section 
ment being anticipated, the Mayor shall deem it necessary 
for the public peace and welfare to require all coffee- 
houses to be closed, he may issue his proclamation to 
that effect, and all coffee-house keepers shall on such 


2) 


408 LICENSE. 


days close their bars and refrain from selling liquors 
accordingly. . 


Id., Section 9. 41, Any person violating any one of the provisions of 


this ordinance shall, for each offense, be fined, before the 
Jity Court of Louisville, not less than twenty nor more 
than one hundred dollars. 


ie aes 42. Any person or firm whose business it: is, as an 
14, 1870. agent, to negotiate sales or purchases of goods, wares, or 
merchandise, shall be deemed a commercial agent, and 
shall be licensed. Commercial agents whose annual 
sales and purchases do not exceed one hundred thousand 
dollars shall pay a license of twenty-five dollars per 
annum, and if such sales and purchases exceed the sum 
of one hundred thousand dollars, shall pay a license of 
fifty dollars per annwm. Any person violating any of 
the provisions of this ordinance shall be fined not less 
than twenty nor more than fifty dollars for each offense. 


_ Ordinance, 43, Each and every person whose business it is to buy 
approved July 


14, 1870. or sell or deal in milch cows exclusively shall pay a 
license of ten dollars per annum. Any person violating 
any of the provisions of this ordinance shall for each 
offense be fined not less than ten nor more than twenty 
dollars. 


An ordi- 44, Every person, firm, or corporation who distills 
nance to license 2 


distillers. Ap- spirits, or who brews or makes mash, wort, or wash for 
PaO he distillation or the production of spirits, shall be deemed 
a distiller, and shall be licensed and classified thus: 1. 
Distillers who distill not exceeding five hundred barrels 
per annum shall pay $50 per year. 2. Not exceeding 
one thousand and over five hundred barrels per annwm, 
shall pay $100 per year. 3. Not exceeding one thousand 
five hundred and over one thousand barrels per annwwin, 
shall pay $150 per year. 4. Not exceeding two thousand 
and over one thousand five hundred barrels per annwm, 
shall pay $200 per year. 5. Not exceeding two thousand 
five hundred and over two thousand barrels per annwin, 
shall pay $250 per year. 6. Not exceeding four thousand 


LICENSE. 


and over two thousand five hundred barrels per annwin, 
shall pay an annual license of $3800. 7. Not exceeding 
six thousand and over four thousand barrels per annwin, 
shall pay an annual license of $400. 8. Not exceeding 
eight thousand and over six thousand barrels per ai- 
num, Shall pay an annual license of $450, 9. Those who 
distill over eight thousand barrels per annum shall pay 
an annual license of $500. 


45. Any person violating any of the provisions of this 
ordinance shall, for each offense, be fined not less than 
fifty nor more than one hundred dollars. All laws and 
ordinances in conflict with this ordinance are hereby re- 
pealed. 


46. The applicant for license under this ordinance 
shall be sworn by a proper officer as to the amount dis- 
tilled by him the year previous to his application, as 
near as may be, and to the best of his knowledge and 
belief, or the same may be estimated, and the license 
issued to him shall be upon the basis of such estimate or 
oath; and if, during the year, it shall be ascertained that 
such estimate or oath indicated too small or too large an 
amount, a deduction or an increase in charge for such 
license shall be made accordingly. . 


47. Hereafter it shall be unlawful for any person or 
persons to own, keep, or harbor upon his or their 
premises any dog or bitch of the canine species without 
first obtaining a license therefor as follows: For each dog 
there shall be paid annually a license of two dollars, and 
for each bitch there shall be paid annually a license of 
.two dollars. 


48. Upon the payment of said license, the Sinking 
Fund Commissioners shall cause to be delivered to the 
owner or Keeper of each dog or bitch upon which license is 
paid, as required in the foregoing Section, a metal collar 
of suitable size, to be worn by each dog or bitch, with the 
word ‘‘licensed’’? and number of same stamped or im- 
pressed thereon, of which there shall be kept in the office 


409 


Id., Sections 
hare Gay 


Id., Section 4. 


An VOrgd i 
nance estab- 
lishing a license 
on dogs and 
bitches. Ap- 
proved Oct. 21, 
1874: See. 1. 


Id., Section 2. 


410 


Id., Section 8. 


TId., Section 4. 


Ordinance, 
approved Noy. 
28, 1879. 


LICENSE. 


of the Sinking Fund a record book of the same, giving 
the name and residence of the owner and keeper of the 
dog or bitch, and the date of payment of the license. 


49. It shall be the duty of the officers of the Sinking 
Fund to collect the license herein provided for as other 
licenses are collected. 


50. Any person violating the provisions of this ordi- 
nance shall, for each offense, be fined not less than three 
dollars nor more than ten dollars. 3 


d1. Every place where food or refreshments of any 
kind, not including spirits, wines, ale, beer, or other malt 
liquors, are provided for casual visitors and sold for con- 
sumption therein, shall be regarded as an eating-house, and 
shall pay a license, those of the first class $80 per annwin, 
second class $20 per annwm, third class $10 per annum, 


3The following is the unreported decision in the case of Oyler v. City of 
Louisville, Decided by the Court of Appeals of Kentucky, November 21, 1879: 

“Dogs are not property in any such sense that the public may not for its 
owh convenience or safety prohibit any one from keeping or permitting a 
dog to be harbored on his premises. The General Council of Louisville has 
power to pass ordinances imposing fines not exceeding one hundred dollars 
for any designated misdemeanor not provided for by the general laws of the 
State. Sec. 8, pp. 10 and 11, Lucas’ Charter. Dogs, though sometimes useful, 
are known not to be generally so, and it is also known that they are often 
mischievous, and sometimes dangerous, and the keeping of them may be 
restrained, Tenny v. Lenz, 16 Wis., 568, or even prohibited by the law-mak- 
ing power. The power to prohibit altogether includes power to prescribe 
the terms on which they may be kept, and the General Council therefore had 
power under that provision of the charter referred to, supra, to pass the ordi- 
nance in question, the license fee being imposed, not as a tax, but to defray 
the expense of ‘issuing the license and furnishing a collar for each dog 
licensed, and by way of restraining the keeping of dogs within The City. 
Tenny v. Lenz, supra; Board of Trustees v. Markham, 5 Bush, 481. We 
perceive no irregularity in the proceedings of either Board of the General 
Council, except that the ordinance seems to have been.voted on by the Board 
of Aldermen on the same day it was received from the Board of Common 
Councilmen, in violation of Rule Number 9 of the Aldermen. The charter 
quires each Board to adopt rules for the transaction of business, but it does 
not make an adherence to those rules necessary to the validity of the acts of 
the General Council. The rules are for the government of the Boards and 
that they were not being observed may furnish grounds of objection in the 
Council, but will not affect acts otherwise regularly adopted, after they have 
passed out of the hands of the two Boards and the Mayor.” 


+ 


LICENSE. 


to be assessed as provided for by act of the Common- 
wealth of Kentucky, approved March 18, 1870. Any 
person violating any provision of this ordinance shall, 
for each offense, be fined not less than five nor more than 
twenty dolars. 


52. Offices or places where money, notes, or bills ‘of 
exchange are bought or sold, shall be licensed as ex- 
change offices, and the price of license therefor for one 
year shall be according to the class in which it shall be 
placed by the License Inspector, and for one in the first 
class, $800; second, $200; and third, $100. 


93. The price for making any lecture, concert, theat- 
rical exhibition, or other exhibitions for money or prop- 
erty, except lectures on scientific subjects, and such as 
are otherwise provided for, shall be not less than five nor 
more than twenty-five dollars for each day or night, nor 
less than twenty dollars nor more than forty dollars for 
a month, as the Assessor may rate them, or two hundred 
dollars for a year, the time to be specified in the license. 
An ordinance entitled ‘‘An ordinance as to the license for 
exhibitions,’’ is so amended es to theaters as to fix the an- 
nual license for such places of amusement at two hun- 
dred dollars per annum. 


04. Each and every express company having an office 
or agency and doing business in this City shall pay a 
license of two hundred dollars per annum. Any one 
violating any of the provisions of this ordinance shall, 
for each offense, be fined not less than twenty-five dol- 
lars. 4 


4The unreported opinion in the case of the Adams Express Company v. 
Louisville, Court of Appeals, September 23, 1871, is as follows: 

“Although the petition alleges that the license inspector exacted and 
received the sum of five hundred dollars for license under the ordinance set 
out in the petition, it neither alleges that the General Council enacted no 
other ordinance on the same subject, nor that it did not adopt and ratify the 
action of the inspector in putting the Adams Express Company in the first 
class of such corporations, of which a license for five hundred dollars wus 
exacted, and we can not therefore presume that the action of the inspector, in 


411 


Ordinance, 
approved Nov. 
14, 1858. 


Ordinance, 
approved Nov. 
17, 1853; and 
ordinance ap- 
proved Sept. 3, 
1866. 


Ordinance, 
approved Apr 
PePAST le 


412 


Ordinance, 
approved July 
24, 1882. 


Ordinance, 
approved July 
23; 1870. 


. Ordinance, 
approved July 
5, 1881. 


Ordinance, 
approved Apr. 
28, 1877. 


LICENSE. 

99. Flying-horse arrangements or establishments in 
The City of Louisville shall pay a license of two hundred 
dollars per week. Any person who shall keep or open 
for public any flying-horse arrangement or establishment 
without first obtaining a license so to do shall be fined 
fifty doHars for each day such flying-horse shall have 
been used before the granting of such license. 


96. All fortune-tellers who shall practise their business 
in said City for fee or reward shall pay a license of two 
hundred dollars per annum. Any person violating any 
of the provisions of this ordinance shall, for each offense, 
be fined not less than twenty nor more than fifty dollars. 


97. Any person may sell in The City of Louisville 
fresh meats and fresh vegetables in such quantities as 
they may desire at the place to be designated in their 
license, upon the payment into the Sinking Fund of said 
‘ity the sum of thirty dollars per year, or fifteen dollars 
per six months. Any person violating this ordinance 
shall be fined not less than five dollars nor more than 
twenty dollars for each day that said business may be 
carried on without license. 


598. Every person or firm composed of one or more per- 
sons whose business it is to act as agent for any party in 
the leasing or renting of houses or real estate, or who 
shall advertise or hang out any sign or device which shall 
designate him as an agent for the renting or leasing of 
houses orreal estate, shall be considered as house-agents, 
and shall pay the annual license of twenty-five doliars to the 
Treasurer of the Sinking Fund before any such person or . 
firm shall be permitted to transact any such business, and 


granting the license and exacting the fee therefor of five hundred dollars, 
was not substantially and really the action of the General Council, done 
under the law authorizing it to provide for licensing express companies. 
Wherefore, waiving the consideration of the constitutional questions, pre- 
sented in the argument, we are of the opinion that the statement of facts 
made in the petition does not constitute a cause of action for restitution of the 


license fee, and the demurrer to the petition was properly sustained. Where- 


fore the judgment is affirmed.” 


LICENSE. 


if such person or firm fail to pay said license, then he or 
they shall be deemed guilty of a misdemeanor, and upon 
conviction thereof be fined not less than five nor more 
than twenty-five dollars for each offense; provided, 
that the real estate agents who have paid a special 
license therefor shall not be required to pay a house- 
agent’s license. 

59. Every huckster doing business in said City shall 
pay a license of ten dollars per annwm,; provided, how- 
ever, that the provisions of this ordinance shall not be so 
construed as to apply to any person or persons living in 
the country that may bring to The City any country pro- 
duce or marketing and sell the same from his or their 
wagons, whether to the stores or upon the streets to the 
citizens. Any person violating the provisions of this or- 
dinance shall, for each offense, be fined not less than five 
nor more than twenty dollars. 


60. From and after the passage of this ordinance all 
persons, firms, or corporations who shall engage in the 
business of selling or delivering any beer, ale, porter, or 
any other kind of malt or fermented liquors, within this 
City, which has been brewed out of this City, shall pay a 
license for doing such business; provided, however, that 
coffee-house keepers, hotel-keepers, and liquor dealers 
who have license shall not be affected by this ordinance. 


61. Those whose sales amount to $500,000 shall pay a 
license of $600 per annwm, those whose sales amount to 
as much as $400,000 shall pay a license of $500 per annum; 
those whose sales amount to $800,000 shall pay a license 
of $400 per annum, those whose sales amount to as much 
as $200,000 shall pay a license of $300 per annum, those 
whose sales amount to as much as $150,000 shall pay a 
license of $200 per annwm, those whose sales amount to 
as much as $100,000 shall pay a license of $150 per annum, 
those whose sales amount to as much as $75,000 shall pay a 
licesne of $125 per annwm,; those whose sales amount to as 
much as $60,000 shall pay a license of S100 per annum; 
those whose sales amount to as much as $50,000 shall pay a 


Ordinance, 
approved Oct. 
Dh Mg bth tB 


Ordinance, 
approved July 
23, 1870. Sec. 1. 


Id., Section 2. 


414 


LICENSE. 


Id., Section 3. 


I2., Section 4. 


Td., Section 5. 


Ordinance, 
approved Apr. 


18, 1871 


license of $75 per annum, and all others who sell less 
than as much as $50,000 of said liqiors shall pay for their 
license at the rate of one sixth of one per cent. on their 
sales; provided, that no person doing such business in 
this City, whether he has a place of business in said City 
or not, and whether he sells by sample or otherwise, shall 
be permitted to take out a license to do such business and 
pay for the same not less than twenty-five dollars. 


62. Those who sell such liquors as agents, or who have 
not a regular and stated place of business in this City, 
or who act as agents for the delivery of such liquor sold 
to parties in this City, shall take out a license therefor 
according to the provisions herein. 


63. Any person, firm, or corporation violating any of 
the provisions of this ordinance shall be fined not less 
than twenty nor more than one hundred dollars for each 
offense. 


64. Every applicant for license under this ordinance 
shall be sworn by a proper officer as to the amount of his 
sales the year previous to such application, to the best of 
his knowledge and belief, or the same may be estimated, 
and the license issued to such person, firm, or corporation 
shall be upon the basis of said previous sales so estimated 
or sworn to; and if during the year it shall be ascertained 
that such estimate, whether under oath or otherwise, 
indicated too large or too small an amount of sales, a 
deduction or an increase in charge for such license shall 
be made accordingly. 


65. Hach and every insurance company having an office 
or agency, and doing business in this City, shall first 
obtain a license therefor and shall be rated as follows, to 
wit: Kach company whose capital and assets do not 
exceed three hundred thousand dollars shall pay a license 
of one hundred dollars per annwm; each company whose 
sapital and assets is over three hundred thousand dollars, 
and does not exceed eight hundred thousand dollars, 
shall pay a license of one hundred and fifty dollars per 


LICENSE. 


415 


annum; each company whose capital and assets exceed 
eight hundred thousand dollars shall pay a license of two 
hundred dollars per annwn. Any one violating this 
ordinance shall for each offense be fined twenty-five 
dollars. 


66. Intelligence-office keepers shall pay an annual 
license of twenty dollars. Every person whose business 
it is to find or furnish places of employment for others, 
or to find or furnish servants upon application in writing 
or otherwise, receiving compensation therefor, shall be 
regarded as an intelligence-office keeper. Any person 
violating any of the provisions of this ordinance shall for 
each offense be fined not less than five nor more than ten 
dollars. 

67. No person shall do business in this City as a liquor 
merchant or dealer in liquors without first obtaining a 
liquor dealers’ license. 


68. Liquor dealers and merchants shall pay an annual 
license of $1 for each $1,000 worth of liquors sold by 
them, or at that rate on their sales; and those whose sales 
amount to $1,000,000 or over shall pay a license of 8700 
per annum, and those whose sales are less than $1,000, 000 
and over $600,000 shall pay a license of $650 per annum. 


69. No one who sells liquor by the glass, to be drunk 
in the house, shall be licensed under the provisions of this 
ordinance. 


70. If any merchant or dealer in liquors as aforesaid 
shall do business without a license, or make sales beyond 
the amount authorized by his, her, or their license, he or 
she shall be fined not less than ten dollars for each day 
that said business may be carried on without license or 
beyond the amount authorized. 


71, It shall be the duty of merchants and dealers afore- 
said, whose sales exceed the amount authorized by his, 
her, or their license, to take an additional license to cover 
said sales, and it shall be the duty of the License 
Inspector to issue such license upon the payment of the 


Ordinance, 
approved July 
14, 1870. 


An Ordi- 
nance reguiat- 
ing and estab- 
lishing the 
rates of license 
of liquor deal- 
ers. Approved 
July 23, 1870. 
Sec. 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Sections 
5 and 6. 


LICENSE. 


Id., Section 7, 


Ordinance, 
approved July 
14, 1870. 


Ordinance, 
approved Oct. 
29, 1853. 


Ordinance, 
approved Oct. 
28, 1853. 


Ordinance, 
approved July 
14, 1870. 


theretofore issued, and shall cancel the old license. If 
any merchant or dealer shall continue to sell beyond the 
amount authorized by his, her, or their license for thirty 
days, the License Inspector shall assess and collect from 
him the rate of license next above the one he has taken 
out, and said merchant or dealer shall not be entitled to 
a license authorizing any kind of business whatever in 
The City of Louisville until he has paid said assessment. 
All laws and ordinances in conflict herewith are hereby 
repealed. 


72. The applicant for license under this ordinance shall 
be sworn by a proper officer as to the amount of his sales 
the year previous to his application, as near as may be, 
or to the best of his knowledge and belief; or the same 
may be estimated, and the license issued to him shall be 
upon the basis of his sales so estimated or sworn to; and 
if during the year it shall be ascertained that such esti- 
mate or oath indicated too large or too small an amonnt 
of sales, a deduction or an increase in charge for such 
license shall be made accordingly. 


73. Any person whose business it is to keep horses for 
hire or to let, or to Keep, feed, or board horses for others, 
shall be regarded as a livery-stable keeper, and shall be 
licensed as follows: For one of the first class, fifty 
dollars per annum; second class, thirty dollars per 
annum; third class, twenty dollars per annwm. The 
mode of assessment to be regulated by the Board of 
Commissioners of the Sinking Fund, as per act approved 
March 18, 1870. Any person violating any of the pro- 
visions of this ordinance shall for each offense be fined 
not less than ten nor more than twenty dallars. 


74. The price of license for a year for keeping a lottery 
office shall be two hundred dolars. 


75. Licenses for rent of stalls in the market-houses 
shall be paid for in bankable funds. 

76. Every person or firm whose business it is, for profit, 
gain, or hire, to give information to others concerning the 


LICENSE. 


417 


difference between the amount received for the license 
credit, business standing or pecuniary condition of mer- 
chants, tradesmen, or of any other class of persons, shall 
be deemed mercantile agents, and shall pay a license 
therefor of fifty dollars per annum. Every person vio- 
lating any of the provisions of this ordinance shall be 
fined not less than twenty nor more than thirty dollars. 


77. Every person whose business it is to sell or offer 
for sale patent-rights shall be regarded as a patent-right 
dealer, and shall pay a license of ten dollars per annwi. 
Any person violating any of the provisions of this ordi- 
nance shall for each offense be fined not less than five nor 
more than ten dollars. 


78. Every person whose business or occupation it is to 
take or receive, by way of pledge, pawn, or exchange, 
any goods, wares, or merchandise, or any Kind of personal 
property whatever, as a& security for the repayment of 
money lent thereon, other than keepers of exchange- 
offices, banks, bankers, and commission merchants, shall 
be deemed a pawnbroker, and shall pay a license therefor, 
and the price of such license shall be one hundred dollars 
per annum. Any person violating any of the provisions 
of this ordinance shall for each offense be fined not less 
than twenty nor more than fifty dollars. 


79. Any peddler who shall sell or offer to sell goods, 
wares, or merchandise of any kind whatever in said City 
shall pay a license of twenty dollars per annwm, or five 
dollars for one month. Any person violating any of the 
provisions of this ordinance shall for each offense be fined 
not less than five nor more than ten dollars. 


80. Any person who makes for sale photographs, 
ambrotypes, daguerreotypes, or pictures of any kind by 
the action of light, shall be regarded a photographer, and 
shall pay an annual license therefor of ten dollars. Any 
person violating any of the provisions of this ordinance 
shall for each offense be fined not less than ten nor more 


then twenty dollars. 
27 


Ordinance, 
approved July 
14, 1870. 


Ordinance, 
approved June 
LS hor. 


Ordinance, 
approved Apr. 
12 18708 


Ordinance, 
approved July 
14, 1870. 


418 


LICENSE. 


Ordinance, 
approved Apr. 
1, 1874. 


Ordinance, 
approved Jan. 
4, 1870. 


Ordinance, 
approved Apr. 
6, 1882. 


81. Pork-houses, in the payment of license, shall be 
divided into five classes, and shall pay an annual license 
therein as follows, to wit: First class, two hundred and 
fifty dollars; second class, two hundred dollars; third 
class, one hundred and fifty dollars; fourth class, one 
hundred dollars; fifth class, fifty dollars. The above 
classification shall be as follows, to wit: Class first shall 
authorize the slaughter, annually, of any unlimited 
number of hogs; class second shall authorize the slaugh- 
ter, annually, of any number of hogs not exceeding 
thirty thousand head; class third shall authorize the 
slaughter, annually, of any number of hogs not exceed- 
ing twenty thousand head; class fourth shall author- 
ize the slaughter, annually, of any number of hogs 
not exceeding ten thousand head; class fifth shall au- 
thorize the slaughter, annually, of any number of hogs 
not exceeding five thousand head. Any person vio- 
lating the provisions of this ordinance shall be fined 
not less than thirty nor more than fifty dollars for 
each offense. 

82. Porters engaged in carrying baggage for trav- 
elers, or expressing goods or merchandise from any 
part of The City, in any vehicle drawn by hand, shall 
be licensed, and the price of license per annwm shall 
be five dollars for each person licensed. Each porter, 
before obtaining license, shall execute bond to The 
City in the penalty of two hundred dollars, with ap- 
proved surety, conditioned that such porter shall faith- 
fully account for all baggage or merchandise to the person 
entrusting him therewith. He shall be assigned a num- 
ber, which he shall place conspicuously on his vehicle 
whenever he is engaged in his business. For each neg- 
lect or failure to comply with either of these require- 
ments he shall be fined ten dollars. 


83. Every society, association, person or persons who 
shall give any public ball or dance, in said City, for which 
they shall charge any fee for admission, either by the sale 
of tickets or by any other device by which money or other 


LICENSE. 


thing of value shall be received or paid for such ball or 
dance, shall pay a license, for each such ball or dance, of 
ten dollars. Any person who shall act as manager, door- 
keeper, seller of tickets, or in any way take part in the 
conduct or management of said balls, shall be amenable 
to the provisions of this ordinance. <Any society, asso- 
ciation, person or persons who shall violate this ordinance 
shall, for each offense, be fined not less than twenty nor 
more than fifty dollars. 


84. Hereafter it shall be unlawful for persons to engage 
in the business of buying or selling real estate for com- 
pensation without having first obtained a license therefor. 
The price of license for such real estate agents shall be 
fifty dollars per annwm. Any one violating the provi- 
sions of this ordinance shall, for each offense, be fined 
fifty dollars. 

85. Any person who shall directly or indirectly sell by 
retail, in The City of Louisville, any malt, fermented, 
vinous, or spirituous liquors, or any mixture therewith, 
in any quantity, to be drunk at the place of sale, or on 
the same premises, or adjacent thereto, or shall sell the 
same and it shall be so drunk, without having first ob- 
tained a license so to do, shall be fined not less than 
twenty dolars nor more than one hundred dollars for 
each offense. 

86. Persons having grocery license may, by paying 
into the Sinking Fund sixty dollars, have a beer-house 
license for one year to sell by retail, to be drunk in their 
houses or elsewhere; Provided, however, that no such 
license shall be granted unless such applicant shall first 
present a petition to the Secretary and Treasurer of the 
Sinking Fund of The City, signed by a majority of per- 
sons residing, doing business, or owning property within 
four hundred and twenty feet of the house or place 
where the grocery shall be kept, said petitioners express- 
ing their desire that the license be granted and their 
belief that the applicant will keep an orderly and 
respectable house. Any person who shall by retail sell 


Ordinance, 
approved Oct. 
1, 1866. 


Ordinance, 
approved Oct. 
380, 1882. 


Ordinance, 
approved Oct. 
2, 1877. 


420) 


Ordinanee, 


approved Apr. 


11, 1874. 


An:act in 
relation to sec- 


ond-hand 


and 


‘unk’ stores in 


The City of 


Louisville, 
approved Apr. 


5, 1878. 
1, €¢ seq. 


pee. 


LICENSE. 


beer without first having obtained a license shall for each 
offense be fined twenty dollars. 


87. Any person whose principal place of business is 
not in this City, or who conducts his principal business 
without this City, and shall sell or offer to sell any goods, 
wares, or merchandise by sample or representation in 
this City, must first obtain a license therefor, and shall 
pay for such license ten dollars per week or twenty-five 
dollars per month. Such license shall not be for a longer 
time than three months; Provided, however, that this 
ordinance shall not apply to persons or agents of persons 
doing business out of this City who solicit orders for 
wares, produce, or merchandise from regular licensed 
business houses of this City only. Any person violating 
the provisions of this ordinance shall be fined not less 


‘than twenty-five nor more than fifty dollars. 


88. Every person who shall carry on the business of 
buying and selling second-hand goods, merchandise, 
wares, or materials of whatsoever description, shall be 
deemed a second-hand dealer within the meaning of 
this act. 


89. It shall be the duty of the owner or proprietor of 
every second-hand or ‘‘junk’’ establishment to whom a 
license is issued to carry on said business, in, The City of 
Louisville, to enter into bond, with surety in an amount 
to be fixed and approved by the City Council, to faith- 
fully perform and observe all the requirements of this 
act and the ordinances and laws of the said City of Louis- 
ville not inconsistent herewith. 


99 


90. No second-hand or ‘‘junk’’ store dealer shall, at 
any time, or under any circumstances, be allowed to pur- 
chase goods, wares, merchandise, materials, or things 
whatsoever from a minor. 


91. Every second-hand or ‘‘junk’’ store dealer shall keep 
a register, which shall contain the name of the person or 
persons from whom the article or articles are purchased, 
date when received, his or her residence or place of busi- 


LICENSE. 

ness, the amount paid for said article or articles, and a 
full description of same. Said register shall be kept in a 
plain, legible, English handwrite, and shall at all times 
be open to the inspection of the officers of the law in the 
discharge of their official duties; and if sufficient infor- 
mation can not be gained from an inspection of said 
register, it shall, upon the request of any officer, be the 
duty of the proprietor of any such second-hand or 
‘junk’ store to permit and allow said officer or officers 
to examine and inspect any and all articles in said estab- 
lishment belonging to or temporarily left in charge of 
said proprietor. 

92. Any second-hand or ‘‘junk”’ store dealer or pro- 
prietor who shall neglect, violate, or refuse to comply 
with either or all of the provisions of this act, shall be 
deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than twenty dollars nor 
more than two hundred dollars for each offense, and, in 
addition to said fine, his or her license may, at the dis- 
cretion of a jury, be forfeited to the use of The City of 
Louisville. | 

93. Any person or firm whose business it is as an 
agent to negotiate freights or other business for the 
owners of vessels or railroads, or for the consignors 
or consignees of freights carried by vessels and rail- 
roads, shall be regarded as commercial shipping agents, 
and shall pay an annual license therefor of twenty 
dollars. Any person violating any of the provisions 
of this ordinance shall, for each offense, be fined not 
less than five nor more than ten dollars. 


94. Each shooting-gallery carried on in The City of 
Louisville shall pay a license therefor at the rate of 
one hundred dollars per annum; provided, however, 
that in any such gallery where no spirituous, fer- 
mented, or vinous liquors are sold, or allowed to be 
sold, the said license shall be fifty dollars per annwi. 
A license shall be issued at the above rates for a term 
of three months at a time. Any person violating any 


42] 


Ordinance, 
approved July 
14, 1870. 


Ordinance, 
approved June 
19, 1880. 


422 


Ordinance, 
approved July 
14, 1870. 


Ordinance, 
approved July 
14, 1870. 


Ordinanee, 
approved July 
14, 1870. 


Ordinance, 
approved July 
5, 1881. 


LICENSE. 


of the provisions of this ordinance shall be fined not 
less than ten dollars nor more than twenty dollars for 
each offense. 


95. Every person or firm who shall, for hire, gain, 
or profit, Keep or maintain an inclosure or park for 
skating on ice, or shall charge an entrance- or gate- 
or door-fee, or shall let or hire skates or costumes for 
such skating, shall be deemed a keeper of a skating- 
park, and shall pay a license for keeping such park 
of twenty dollars per annum. Any person violating 
this ordinance shall be fined not less than ten nor 
more than twenty dollars for each offense. 


96. Any person or persons who shall Keep a roller- 
skating rink for profit shall pay a license of one hun- 
dred dollars per annum. Any person violating any of 
the provisions of this ordinance shall be fined not less 
than twenty nor more than fifty dollars for each offense. 


97. Every person, firm, or company whose business it 
is to negotiate purchases or sales of stocks, bonds, pro- 
missory notes, or other securities on the sidewalks or 
streets in said City shall be regarded as a street-broker; 
and shall pay a license of forty dollars per annum, 
Provided, that any person having a broker’s or real-estate 
agent’s license shall not be required to pay a special 
license as a street-broker. Any person violating any of 
the provisions of this ordinance shall for each offense be 
fined not less than five nor more than twenty dollars. 


98. Whoever shall keep or maintain a lake, pond, 
inclosure, or tank of water, or other thing or apparatus: 
for the purpose of swimming therein, or shall conduct a 
swimming-school, or other school of the kind, for hire or 
profit, or shall let or hire costumes for swimming, or 
charge a gate- or door-fee, shall be deemed a keeper of a 
swimming-pool, and shall pay a license therefor of ten 
dollars per annwmn. Any person violating this ordinance 
shall be fined not less than five nor more than ten dollars 
for each offense. 


LICENSE. 


99. Each and every applicant for license to keep a 
tavern in The City of Louisville shall present a petition 
to the General Council, signed by a majority of persons 
residing, doing business, or owning property within four 
hundred and twenty feet of the house or place where it 
is proposed that the tavern shall be kept—said petitioners 
expressing their desire that the license be granted, and 
their belief that the applicant will keep an orderly and 
respectable house. The petition shall be accompanied by 
a statement of the Secretary and Treasurer of the Sinking 
Fund of the class for which the license ought to be issued, 
and shall be acted upon at the regular meeting of the 
General Council next after the meeting when it is received, 
or as soon thereafter as practicable. And no license to 
keep a tavern shall be granted except upon such petition 
and statement. 


100. The General Council being satisfied to grant a 
tavern license, shall, through the clerk of the Board of 
Councilmen, notify the applicant that he will have such 
license upon payment into the Sinking Fund of the 
charge therefor. Upon making such payment the appli- 
cant must execute a bond with good security before the 
chief License Inspector, or one of his assistants, in the 
following form, to wit: 


“Know all men by these presents, that we (name of grantee and names 
of surety) are held and firmly bound unto the Commonwealth of Kentucky 
in the sum of five hundred dollars, for the payment of which we bind our- 
selves, our heirs, executors, and administrators jointly and severally, firmly by 
these presents. 

“Witness our hands and seals this 


, L88—. 


day of 


“The condition of the above obligation is such that, whereas the said 
has obtained a license to keep a tavern at No. — street, in The 
City of Louisville, for the term of Now, should the said 
constantly find and provide in his house good and wholesome diet and cleanly 
lodging for travelers, and not suffer or permit any gaming in his house or on 


his premises, nor suffer any disorderly or scandalous conduct in his house, 
and otherwise comply with all the ordinances of The City of Louisville in 
relation to taverns and tavern-keepers, then this obligation to be void, other- 
wise to be and remain in full force and virtue.” 


Upon payment being made and bond executed as afore- 


423 


An ordi- 
nance coneern- 
ing taverns and 
tavern-keepers, 
us to the man- 
ner of obtain- 
ing license, 
rates of license, 
and regula- 
tions. Approv- 
ad. Oct. 80, 
1882. Sec. 1. 


Id., Section 2. 


424 


LICENSE. 


Td., Section 3. 


TId., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


said, the said chief or assistant License Inspector shall 
issue to the grantee a certificate that he is duly licensed, 
which certificate shall be in form as follows: 


has obtained a license to keep a- 
street, in The 
City of Louisville, he having paid into the Sinking Fund of said City 
dollars, the price thereof, and executed bond to comply with all the 
ordinances of The City of Louisville in relation to taverns and tavern- 
keepers. 


“This is to certify that 
tavern with the privilege of retailing liquors, at No. — 


101. When the application is to keep a tavern without 
the privilege of retailing liquors, the certificate of the 
License Inspector, mentioned in the preceding Section, 
shall state that the license is granted to keep a tavern 
without the privilege of retailing liquors. 


102. Taverns with the privilege of liquor being sold 
shall be divided into three classes, the price of license for 
which shall be respectively as follows: For the first. class, 
two hundred and fifty dollars.yer annum, for the second 
class, one hundred and fifty dollars per annwm, for the 
third class, one hundred and twenty-five dollars per an- 
num. | 


103. Taverns without the privilege of liquors being 
retailed therein shall be divided into four classes, the 
price of license for which shall be respectively as follows: 
For the first class, fifty doHars per annwm; for the second 
class, thirty dollars per annwm, for the third class, twenty 
dollars per annum; and for the fourth class, ten dollars 


WORT. ANMUNE. 


104. The General Council shall at the time of granting 
the license fix the class of the applicant. 


105. No license shall be for a longer period than one 
year, and shall be limited to the person or persons desig- 
nated, and to the place designated. 


106. All licenses shall run from the date of the issuing 
of the certificate of same, and no person shall keep a tav- 
ern until the certificate of license so to do is issued. 


107. The certificate of license to keep a tavern and 
retail malt, fermented, vinous and spirituous liquors shall 


LICENSE. 


be hung up in some conspicuous place in the bar-room, at 
all times plainly exposed to the public view. 


108. If on certain days, on account of unusual excite- 
ment being anticipated, the Mayor shall deem it necessary 
for the public peace and welfare to require all tavern- 
keepers with the privilege of retailing liquors to close 
their bars and refrain from selling liquors, he may issue 
his proclamation to that effect, and all tavern-keepers 
shall on such days close their bars and refrain from selling 
liquor accordingly. 


109. Any person violating any of the provisions of this 
ordinance shall be fined before the City Court of Louis- 
ville not less than twenty dollars and not more than one 
hundred dollars for each offense. 

110. All telegraph companies having an office and doing 
business in The City of Louisville shall obtain a license, 
and shall pay one hundred and fifty dollars therefor per 
annum. Any company doing business in said City 
without having first obtained a license, as prescribed in 
the foregoing Section, shall be Hable to a fine of not less 
than fifty nor more than one hundred dollars for each day 
they carry on said business after proper notice of the 
passage of this ordinance. 


111. All telephone companies having an office and doing 
business in The City of Louisville shall obtain a license, 
and shall pay two hundred and fifty doHars therefor per 
annum. Any telephone company doing business in The 
City of Louisville, without having first obtained a license 
as prescribed in the foregoing Section, shall be liable to a 
fine of not less than fifty nor more than one hundred 
dollars for each day they carry on said business after 
the passage of this ordinance. 


112. The price of license for a ten-pin alley or bowling 
alley, shall be fifty dollars a year for each alley or table 
used. 


118. No person or firm shall do business in this City 
as tobacco (warehouseman or) warehousemen, or as (dealer 


Id... Section 10. 


Id., Section 11. 


Ordinance, 
approved Dec. 
7, 1869. 


Ordinance. 
approved Noy. 
8, 1882. 


Ordinanee, 
approved Nov. 
iia a elatae 


Ordinance, 
approved April 
22, 1874. Sec 1. 


426 


LICENSE. 


~ 


TId., Section 2. 


aye 
QW 


Id., Section 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


or) dealers in, or as (buyer or) buyers of tobacco, except 
manufacturers of tobacco, without first obtaining a license 
to carry on said business. 

114. Said warehousemen shall be divided into three 
classes, and the rate of license for each class shall be 
as follows: The first class, nine hundred dollars; the 
second class, two hundred and twenty-five dollars; and 
the third class, one hundred and fifty dollars per annwin. 


115. Any tobacco warehouseman, or warehousemen, 
having a first-class license shall be authorized to sell 
during the continuance thereof any amount; the holder 
or holders of the second-class license shall be author- 
ized to make sales not exceeding five hundred thou- 
sand dollars per annwm, and the holder or holders of 
the third-class license shall be authorized to make sales 
not exceeding three hundred thousand dollars per annum. 

116. It shall be the duty of tobacco warehousémen, 
whose sales shall exceed the amount authorized by his, 
her, or their license, to take an additional license to 
cover said sales; and it shall be the duty of the Li- 
cense Inspector to issue such license upon the payment 
of such difference and cancel the old license. If any 
tobacco warehouseman shall continue to sell, or any 
dealer continue to purchase and sell, beyond the amount 
authorized by his, her, or their license, for thirty days, 
the License Inspector shall assess and collect from such 
person or persons the rate of license next above the 
one taken out, and said person or persons shall not 
be entitled to a license authorizing any kind of busi- 
ness whatever in The City of Louisville until he or 
they have paid said assessment. 

117. Said dealers in or buyers of tobacco—not ware- 
housemen or manufacturers—who reside in or do business 
in The City of Louisville, shall be divided into two 
classes. The rate of license for the first class shall be 
fifty dollars, and the rate of the second class twenty-five 
dollars per annum. 

118. A dealer or buyer having a first-class license shall 


LICENSE. 


be authorized to buy and sell any amount during the 
continuance thereof, and the holder of the second-class 
license shall be authorized to buy and sell any amount 
under one hundred thousand dollars per annwm. 


119. For the purpose of making a proper classification 
under this ordinance, the License Inspector or his assist- 
ant shall require of any applicant a statement; under 
oath, as to the amount of his sales, (if a warehouseman, ) 
or (if a dealer or buyer,) the amount of his purchases for 
the preceding year, which statement shall be retained and 
filed away by said Inspector. 


120. If any tobacco warehouseman or buyer of tobacco, 
or their firms, shall do business as aforesaid without 
license, or make sales or purchases beyond the amount 
authorized by his, her, or their license, he, she, or they 
shall be fined not less than five dollars nor more than 
twenty dollars for each day that said business may be 
carried on without a license, or beyond the amount 
authorized by his, her, or their license. 


121. It shall be the duty of the License Inspector to 
obtain from the warehousemen a complete list of the 
names of all resident buyers and dealers in tobacco in The 
City, and send to each person or firm a printed copy of 
this ordinance. 


122. Each and every veterinary surgeon who shall 
engage in the practice of his profession for fee or reward 
shall pay a license of ten dollars per annum. Any person 
violating any of the provisions of this ordinance shall for 
each offense be fined not less than five nor more than ten 
dollars. 


Res See FINES AND MISDEMEANORS—INSPECTION, WEIGHTS, AND 
MrASURES— MARKETS— SINKING FunND— TAXATION — VEHICLES. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Ordinence, 
approved July 
14, 1870. 


428 


, LICENSE. 


The unreported opinion in the case of Woodruff v. City of Louisville, Court 
of Appeals, April 19, 1872, is as follows: “The exaction of the license fee 
complained of in this case must, in our opinion, be regarded as merely the 
imposition of a tax on the particular avocation or business of an attorney at 
law, as like taxes are imposed on other lucrative pursuits, for revenue pur- 
poses, and as the burden thus imposed on the appellant is not shown to have 
been disproportionate or unequal to those borne by tradesmen and professional 
men generally for the same purpose, we can not regard it as an unauthorized 
taking of private property for public use; but we concur with the court 
below that it was a legal and proper exercise of the taxing power, wherefore 
the judgment is affirmed.” 


CHAPTER XXX. 


MARKETS. 


CON TEN TS: 


1. The Market-houses belonging to 
The City numbered. 


2. The oftice of Market-master 
created; election; term; bond. 


3. The renting and leasing of mar- 
ket stalls; minimum rentals. 


4. Leases. 


5. Duties of Market-master with 
reference to rents, collections, efe. 


6. Fees of unlicensed venders. 
7. The salaries of masters. 

8. Stall rentals fixed. 

9. Schedule. 


10. Requisites of leases; the Coun- 
cil may annul leases. 


11. Seales and weights provided. 

12. Market stalls regulated. 

13. General duties of Market-mas- 
ters. 

14. Preservation of order in 
Market-houses. 

15. Account of rents and leases. 


16. Market regulations; vehicles 
used for marketing. 


17. Animals and other obstructions 
at or about market-houses prohibited; 
other regulations looking to conven- 
lence and cleanliness in markets. 


the 


18. Measures, scales, and weights. | 


19. Butter weights. 

20. Marketing already on its way 
to market may not be bought by City 
dealers to be sold again in the mar- 
kets. 

21. Meat and vegetables to be sold 
in the prescribed place and mode. 

22. Certain vehicles not to incom- 
mode passage on the streets. 

23. False weights. 

24. Cooked provisions and liquors 
by retail forbidden to be sold in the 
markets. 

25. Theslaughtering, skinning and 
dressing of animals in market-houses 
prohibited, 

26. Smoking prohibited. 

27. Fine for violation of the mar- 
ket laws. 

28. Reports by Market-masters to 
the Council. 

29. Requisites of reports. 

30. Failure or refusal of a master 
to make report. 


31. The sale of fresh fish in the 
markets regulated. 


32. Refusal of fish-mongers to obey 
the Market-masters’ instructions. 


1. The Market-houses of The City of Louisville shall be 
numbered as follows: The Market-house between Shelby 
and Campbell streets, No. 1; the Market-house between 
Floyd and Preston streets, No. 2; the Market-house 


Ordinance, 
approved Dec. 
22, 1865. Sec. 
1 et seq. 


430 


MARKETS. 


between Third and Fourth streets, No. 3; the Market- 
house between Fifth and Sixth streets, No. 4; the Market- 
house between Tenth and Eleventh streets, No. 5; the 
Market-house between Sixteenth and Seventeenth streets, 
No. 6; the Market-house in Portland, No. 7. It shall be 
the duty of the Market-masters to have each Market- 
house conspicuously numbered, as above, on each end 
thereof. 4 


2. The General Council, in the month of April, 1866, 
shall elect one Market-master for Market-house No. 1, 
one for Market-house No. 2, one for Market-houses Nos. 
3 and 4, one for Market-house No. 5, one for Market- 
house No. 6, and one for Market-house No. 7; each of 
whom shall be elected until and including the thirty- 
first of December, 1866. After the election in April, 1866, 
the General Council shall, in the month of December, 
1866, and in the same month in each succeeding year, elect 
Market-masters as aforesaid for the several Market- 
houses, who shall enter upon the discharge of their duties 
on the first day of January next succeeding their election, 
and hold office for one year from said date. They shall 
each execute bond, with good security, to be approved by 
the General Council, as prescribed by ordinance. 


3. In the month of April, 1866, the stalls in the several 
Market-houses shall be separately rented at public auc- 
tion to the highest bidder; the leasing to be from the 
fifteenth day of April, 1866, or from the expiration of the 
present leases until and including the thirty-first day of 
December, 1866, the rent to be payable in advance install- 
ments, as follows: The first and second installments to 
be for the first and second three mouths, and the third 
and last installment to be for the remainder of the term. 
And in the month of December, 1866, and in the same 
month in each succeeding year, the stalls in the several 
Market-houses shall be rented at public auction to the 


1 All the Market-houses in this list have been discontinued except Nos. 1 
and 6. 


MARKETS. 


highest bidder; the leasing to be from and including the 
first day of January for one year next thereafter, the 
rent to be payable in equal quarterly installments in 
advance. At the aforesaid rentings at auction no 
stall shall be rented ata less price than as hereinafter 


provided, viz: 
Per Annum. 


mere 11d) 11s V1 PK OL-TOUSOIN Oc L hocass cccatens eksesesce cies vausa acy te ee¥Gewe’ $36 O00 
Deemer Atel ler ite MAP Ot-NOURG: IN Un) lbvcedescaatacetinasdscasetcresssutesdeveswevas 28 00 
MeeetTeR HERTS In LAL K OL-DOUBO: IN Os 2 vos cess skint sic polcnecesds sews sath eraderecs 64 OO 
See eee iat ie MMPHE-NOUSGLIN OL Or. .caccvecthevivtevesestacevesavuccosacencs c's 48 00 
ueseater tata) 1s 11h) VAT COL LLOUSO IN Od © caverersaatecds dducscnue seccdswbs canculcccapee 72 00 
ere eL alia Te NLST KGL=NOUROLN OF O26 cscoenee acadacute ceccsassaqcsrevsseerésese OO OO 
Corner stalls in Market-house No. 4.............. 9 OA arse orb fore 52 00 
Dep eA eeTY ORL AT eG NOURO WO se onee nes vasa corccacdensdetaadeessesanectssé ons 40 00 
Seeereneenn ate ity. Vi APG NOUSOy INO: .cesseceedadadvers sf an tuibccte dene cckectansss 48 00 
Writer cialicin Market house NO, Dic. 4c, <adkecccdndccoetetsaceenstsscedar.s 40°00 
Mummies liad) VLAT ROb-LOUSOWIN Os Oracsscsce ois scnecccsteccs cscoeecesescuceeasend 32 00 
Pecrratemia i a (ie PLAT REGO UBE UN On Gy canny desecs tres feted ead akg eeeadeecie ctausuaed 24 00 
Mortiar stale in Market-house No. 7 1.3 ic .cccre~sectesee Pea ek COO OU 
RET mtes ert AE OT eMOUSC AN Oz Unies cdtekcdcrtccatasdseedcetede os hetaecness 24 00 


All other stalls that may not be leased at auction at the 
times as herein provided, or the leases for which may be 
annulled, may be leased at any subsequent time for the 
balance of the year at auction or privately, as the General 
Council may direct by ordinance or resolution. 


4. A lease in printed form shall be executed by each 
lessee, with good surety, to be approved by the Mayor; 
it shall stipulate for payment in advance of each quarter’s 
rent, for a right of the Market-master to annul the lease 
on failure to make payment, or for a failure for one week 
to keep the stall properly supplied with articles to. sell 
on market days, unless such failure necessarily result 
from sickness or other unavoidable accident, and on such 
failure the stall so vacated may be rented out for the 
remainder of the term as permitted by this ordinance. 
Leases of stalls shall not be given to any person under 
the age of twenty-one years, and each lease shall contain 
a provision that, in the event the party or parties obtain- 
ing it do not in person occupy the stalls thus leased, the 
right to release reverts back to The City, and the owner- 
ship of the stall for the balance of the term vests in The 


431 


MARKETS. 


City. No person shall lease more than one stall, and the 
party to whom said lease is granted shall make oath that 
he or she is not interested, directly or indirectly, in any 
other stall in the Market-houses of The City: Provided, 
any butcher who does a business requiring the use of two 
stalls may lease them adjoining each other. All leases 
shall be made subject to the approval of the General 
Council. The rents shall be collected by the Market- 
masters respectively of the lessees, receipted for to them, 
and paid over to the Treasurer, whose receipt shall be 
filed with the Auditor, who shall credit the same to the 
Market-master on account of said rents, which he shall 
keep in his office-books. 


5. The Market-masters shall rent the market spaces, 
and shall furnish the Auditor quarterly with a list of the 
lessees of stalls and spaces, the number or other descrip- 
tion of their stalls or spaces, prices payable, and date 
and duration of their leases; and in like manner all 
changes and subsequent leases as made; and_ shall 
promptly collect and immediately pay to the Treasurer 
the money received thereon, or otherwise received by him 
for The City. It shall be the duty of each Market-mas- 
ter to report to the General Council his quarterly collec- 
tions, with copy of the Treasurer’s receipt for the money 
so collected and paid in, and with the Auditor’s state- 
ment that the sum paid by the Market-master was the 
whole sum due for the quarter, and, if not the whole 
sum, the difference between the sum so paid and the 
whole sum due. And their reports for the last quarter 
in each year shall contain a statement, with proper 
vouchers, for all moneys eollected by them for their re- 
spective Market-houses on account of stall-rents or other 
revenues arising from their respective Market-houses and 
spaces for the whole year; and if, upon examination, said 
annual reports are found correct, the Market- master shall 
be, by resolution, discharged from all liability upon their 
respective bonds; otherwise, to be held liable for all 
deficits. Any Market-master failing to make reports as 


MARKETS. 


herein provided shall, for each offense, be fined not less 
than ten dollars, nor more than one hundred dollars; and 
for refusing to make any of said reports shall be subject 
to dismissal from his office by resolution of the General 
Council. — 

6. All persons, except such as pay license, who sell 
meats, fruits, vegetables, or other articles of food or other 
things along the market spaces or at the end of the 
Market-houses, shall pay ten cents, to be collected by the 
Market-masters, for each and every time they sell at such 
places, evening market included; and money thus col- 
lected shall be paid over to the City Treasurer daily, and 
by him placed to the credit of the Sinking Fund. ? 

7. The salaries of the Market-masters shall be fixed in 
in the salary ordinances of each year. 


8. From and after the expiration of existing leases on 
stalls in the various Market-houses in said City, the prices 
fixed by this ordinance for stall-rents shall be in full force 
and effect. 


9. For corner stalls in the Market-house between 
Shelby and Campbell streets, occupied by butchers, the 
price to be paid therefor shall be twelve dollars per 
quarter; and for other stalls occupied by butchers, ten 
dollars per quarter; and for stalls for the sale of vege- 
tables, eight dollars per quarter. For corner stalls in the 
Market-house between Floyd and Preston streets, occu- 
pied by butchers, the price to be paid therefor shall be 
twenty-five dollars per quarter; and for all other stalls 
occupied by butchers, twenty dollars per quarter; and 
for stalls for the sale of vegetables, twelve dollars per 
quarter. For corner stalls in the Market-house between 


2 The power of the State legislature to delegate to municipal corporations 
the right to establish markets and regulate the sale and purchase of market- 
able articles, and to forbid the sale or purchase of such at other than the 
market places during market hours, is unquestionable; the right to make 
such regulations grows out of the general police power of the government, 
and, unless they are unreasonable or oppressive, it.is the duty of the courts 
to enforce them.—- City, of Bowling Green v. Carson, 10 Bush, 64. 

28 


433 


Ordinance, 
upproved Mar. 


31, 1866. 
1 et. seq: 


See. 


434 


MARKETS. 


Third and Fourth streets, occupied by butchers, the 
price to be paid therefor shall be thirty dollars per 
quarter; and for other stalls occupied by butchers, twenty 
dollars per quarter; and for stalls for the sale of vege- 
tables, fifteen dollars per quarter. For the corner stalls 
in the Market-house between Fifth and Sixth streets, 
occupied by butchers, the price to be paid therefor shall 
be twenty-five dollars per quarter; and for other stalls 
occupied by butchers, fifteen dollars per quarter; and for 
stalls for the sale of vegetables, twelve dollars per quarter. 
For corner stalls in the Market-house between Tenth and 
Eleventh streets, occupied by butchers, the price to be 
paid therefor shall be twenty dollars per quarter; and for 
other stalls occupied by butchers, fifteen dollars per 
quarter; and for stalls occupied by venders of vegetables, 
ten dollars per quarter. For corner stalls in the Market- 
house between Sixteenth and Seventeenth streets, occu- 
pied by butchers, the price to be paid therefor shall be 
ten dollars per quarter; and for other stalls occupied by 
butchers, eight dollars per quarter; and for stalls for the 
sale of vegetables, six dollars per quarter. For corner 
stalls in the Market-house in, Portland, occupied by 
butchers, the price to be paid therefor shall be ten dollars 
per quarter; and for other stalls occupied by butchers, 
eight dollars per quarter; and for stalls for the sale of 
vegetables, six dollars per quarter. 


- 10. Leases of stalls shall not be given to any person 
under the age of twenty-one years, and each lease shall 
contain a provision, that in the event the party or parties 
obtaining it do not in person oecupy the stalls thus 
leased, the right to re-lease reverts to The City, and no 
person shall lease more than one stall, and the party to 
whom said lease is granted shall make oath that he or 
she is neither directly nor indirectly interested in any 
other stall in the Market-houses of The City: Provided, 
any butcher doing a business requiring the use of two 
stalls may lease them adjoining each other; and it is 


MARKETS. 435 


further provided, that all leases may be annulled at any 
time by action of the General Council. 


11. In the center of each Market-house, on one side or Ordinance, 
the other, there shall be placed a box large enough to ats Shae oy 


contain a balance-scale and weights, sufficient to weigh 
thirty pounds, in which there shall be deposited a sealed 
scale and weights of that size, which shall be in the care 
and custody of the Market-master, and for the use of 
buyers who wish to test the weights of marketing pur- 
chased in the markets. And the Market-masters, if re- 
quested, shall test the weight of any marketing so bought 
and sold. 


12. In the Market-houses, each space between the cen- Ordinance, 
ter lines of two adjacent brick pillars, which is not a “PPyoved Nev. 


passway, shall be a market stall. Those on the nortb 
side shall be for selling meats, and those on the south 
side for selling vegetables and other marketing: Provided 
that the Mayor and Council may, by resolution, allow 
one or more stalls on the south side to be used for selling 
meats. Butchers may use benches or blocks extending 
six feet, and gardeners may have benches extending four 
feet four inches from the center line of the pillars of their 
respective sides of the house, but no farther. A person 
having a stall with a detached bench or block shall every 
day, as soon as market closes, place the bench or block 
close to the permanent bench, and shall scrape and keep 
clean the bench, block, and stall, and pavement in front 
of it. No such bench or block shall be made fast or per- 
manent, or so placed as at any time to occupy more than 
the allowed space. Any person who shall violate or shall 
fail to obey these regulations as to stalls shall be fined 
ten dollars. 


18. Each Market-master shall have the direction and Ordinance, 
management of the Market-houses and spaces assigned to *pPreved Nov. 
him, and cause them to be kept clean, neat, and in order; ! ot eq. 
shall have the lamps cleaned, in repair, and see that they 
be lighted on market mornings at 2 o’clock, and extin- 


guished at clear daylight; shall direct the location and 


436 


MARKETS. 


Ordinance 
prescribing 
Market regula- 
tions. Approv- 


ed UN Ovid, 


1854. 


Sec. |. 


management of vehicles used in marketing; shall keep in 
a proper place in the Market-house one pair of large and 
one pair of small scales and weights, one set of half-bushel, 
peck, half-peck, gallon, quart, and pint sealed measures 
as standards of articles offered for sale in market, which 
weights and measures they shall constantly keep true to 
the legal standard; shall, during market, test the weight 
of butter in rolls for sale, and see that proper and fain 
weights and measures are used in all sales in market; and 
shall in all things, so far as practicable, enforce the mar- 
ket regulations and report offenders against them to the 
proper officer, to be prosecuted. 


14. He shall also, during market hots, remove all dis- 
orderly persons from the Market-houses or spaces, sup- 
press quarreling or fighting, arrest vagrants, cheats, per- 
sons of ill-fame, and felons found lounging about them, 
prevent slaves or free negroes from collecting together 
there, and inform strangers and others, if need be, of the 
market regulations. 


15. He shall also rent out the stalls and spaces, and fur- 
nish the Auditor quarterly with a list of the lessees, num- 
ber or other description of their stalls or spaces, prices 
payable, and date and duration of their leases; and in like 
manner all changes and subsequent leases, as made; and 
shall promptly collect and immediately pay to the Trea- 
surer the money received thereon or otherwise received by 
him for The City. 


16. Vehicles used in marketing are to be placed under 
the direction of the Market-master, in open market spaces 
on Market Street; and when they are occupied, in adjacent 
streets; they are to have the rear wheels against the curb- 
ing, and the beasts taken off, and may then be used for 
the sale of marketing. On arriving at market, the beasts 
shall immediately be detached from the vehicle, and 
secured against running away; shall not be fed near the 
Market-house, nor be suffered to remain at night in the 
streets, and the vehicles shall not obstruct free passage in 
the streets. 


MARKETS. 


437 


17. No person shall tie or hitch any animal at or near J/., Section 2. 


the Market-house during market hours; or ride, drive, or 
lead any animal upon the brick pavement in or adjoining 
a Market-house, or injure, cut, or deface, or befoul any 
part of a Market-house, or be found lying on any bench or 
block therein, or remove them or any other fixture from 
its place, or abuse, or threaten, or intentionally obstruct 
or hinder a Market-master in the discharge of his duties; 
nor shall any person, during market hours; suffer a dog 
to follow him into market, or suffer his dog to be found 
there, or drive or roll a wheelbarrow or other vehicle into 
a Market-house, or otherwise unduly interrupt free pas- 
sage therein; no person owning or occupying any house 
or store fronting on any of the market spaces, or any 
of the streets where market wagons may be placed by 
virtue of any ordinance, or by direction of the Market- 
master, shall keep open his cellar doors, or incumber the 
sidewalk in front of his building by placing outside of 
the line of the house any boxes, barrels, goods, or other 
obstructions, during market hours. Nor shall any per- 
son throw or deposit any animal or vegetable offal, or any 
noisome substance in any Market-house or space, or eat a 
a melon, or leave any melon rind, or other trash in the 
same, or sell or offer for sale any article in market except 
during market hours; or at any time or place in The City 
have in his possession or offer for sale unwholesome, 
or putrid meat, fish, fruit, or other articles of provisions, 
or any meat which is puffed or blown by injection of air 
or otherwise, or any diseased or measly pork. 


18. All measures, scales, or weights used in market 
shall be tested and sealed by the proper officer, and meat 
shall be sold in market by said scales and weights. Corn- 
meal, hominy, oats, potatoes, turnips, carrots, apples, 
peaches, and other vegetables of the same class, shall be 
sold by the peck, or other dry measures, heaped; other 
articles sold by measure may be sold by strike measure. 
Scales, weights, and measures shall be tested at some time, 
when directed by the Market-master to be done. 


Id., Section 3. 


Tie 


Id., 


Id., 


Id, 


Id., 


Td., 


das, 


., Section 


Section ‘ 


Section 


Section 7 


Section 


Section 


Section 


.. Section 


Section 


Ordinance, 
approved Noy. 
10,1855. Sec. 1. 


4. 


Lon) | 


~ 


CO 


10, 


Ly 


iby 


MARKETS. 


19. Butter for sale in market, except in June, July, 
August, and September, shall be in rolls of one, two, 
three, or four pounds, and if it be under weight, shall 
be seized and sold at auction by the Market-master, 
during or after market, for the benefit of the owner. 

20. A person residing in The City shall not personally 
or by agents sell in the market any kind of marketing 
except of his or her own make, raising, or slaughtering, 
or such as he or she may have bought out of The City 
and not on its way to market. 


21. No meat in less quantity than a quarter, or vege- 
tables, shall be offered for sale in market except in the 
prescribed place and mode. 


22. Vehicles loaded with hay, straw, wood, or coal, 
shall not stand in a street near the markets, so as to 
incommode its free passage. 


23. Marketing shall not be sold as of a weight or 
measure greater than it really is, according to the standard. 


24. Cooked provisions, whether solid or liquid, and 
malt, vinous, fermented, or spirituous liquors by retail, 
shall not be sold in the markets or streets at any time. 


29. No animal shall be slaughtered, skinned or dressed 
in a Market-house or space. | 


26. No person shall smoke, or have a lighted cigar or 
pipe in a Market-house or space during market hours. 


27. Any person who shall violate, or in any particular 
fail to observe and comply with the market regulations, 
shall be fined not less than five dollars, nor more than 
twenty-five dollars, for each violation or non-compliance; 
and this section shall also apply to any person who shall 
sell butter in rolls, under the prescribed weights, in 
addition to the penalty above prescribed of having it sold 
at auction if found too light. 


28. From and after the passage of this ordinance it 
shall be the duty of each Market-master to report his 
quarterly collections, with copy of the Treasurer’s receipt 


MARKETS. 


for the money so collected and paid in, and with the 
Auditor’s statement that the sum paid by the Market- 
master was the whole sum due for the quarter, and if not 
the whole sum, the difference between the sum so paid 
and the whole sum due, to the General Council. 


29. And their reports made for the quarter ending next 
before the sixteenth day of March, each year, shall contain 
a statement, with proper vouchers, for all moneys collected 
by them for their respective Market-houses, on account of 
stall rents or other revenues arising from their respective 
Market-houses for the whole year; and if upon exami- 
nation said annual reports are found correct, the Market- 
masters shall be by resolution discharged from all 
ability upon their respective bonds—otherwise be held 
liable for all deficits. 

30. Any Market-master failing to make the reports 
herein provided for, shall be fined not less than ten nor 
more than twenty dollars, and any Market-master refus- 
ing to make any of said reports shall be dismissed from 
his office. 

31. Fresh fish may be sold by those who catch them 
and bring them to market daily (except Sunday), fresh 
and sound. The space to be occupied by each person for 
this purpose shall not exceed nine by five feet, to be des- 
ignated by the Market-masters, and to be at the ends of 
the Market-houses not occupied by hucksters, and not to 
encroach on the foot- or carriage-ways. All fish and 
benches to be removed when the hour for closing the 
market arrives. 

32. Any person selling fish and refusing to obey the 
instructions of the Market-master in regard to removing 
their offal or filth, or bringing unsound fish to market, or 
occupying more space than allowed by this ordinance, 
Shall be fined five dollars for each offense, to be collected 
as other fines are collected. 


” 


kes See FINES AND MISDEMEANORS— GENERAL CouNCcIL=— HEALTH — 
INSPECTION, WEIGHTS, AND MEASURES— LICENSE — VEHICLES. 


439 


Id., Section 2, 


Id., Section 3. 


Ordinance, 
approved Oct. 
20, 1861. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
10, 1876. 


The charter, 
act of March 3, 
1870. Sec. 
19 et seq. 


EA EE ee Noes 


MAYOR. 


CO WEN ors). 


1. The office named; election of 
incumbent; term; subsequent ineligi- 
bility. 

2. Date of election. 


» 


3. Qualifications and eligibility. 
4. When the Mayor elect shall 
enter upon his duties. 
5. His official 
Council. 


relation to the 


6. Duty with reference to other 
officers of The City. 


7. General duties as an executive. | 
8. Clerk to the Mayor. 


9. The Mayor the head of the | 
police and militia; powers as such. 


10. Revisory and ‘veto power. 


11. Ordinances or resolutions may 
become obligatory without his signa- 
ture. 

12. May convene the Council. 

13. Power to administer oaths. 


14. Power to. fill vacancies in 
offices. 
15. Mayor pro tempore. 


16. Compensation of a Mayor pro 
tem. 

17. Salary of the Mayor. 

18. Power to summon citizens into 
service. 

19. Fine for failure of citizens to 
respond. 

20. Vigilance and precaution. 

21. Secret Service Fund. 


1. The chief executive officer of said City shall be styled 
the Mavor, and shall be elected by the qualified voters 
thereof for a term of three years, and until his successor 
is qualified, and he shall be ineligible to that office for 
three years after the expiration of said term. All laws 
and parts of laws coming in conflict with this are hereby 
repealed. 

2. After the first election under this charter the Mayor 
shall be elected on the first Tuesday in December, 1872, 
and on the first Tuesday in December every third year 
thereafter: Provided, however, that the Mayor first elected 
under this charter shall be elected for the term which 
shall expire when his successor goes into office, who may 
be elected on the first Tuesday in December, 1872; but 


MAYOR. 


the Mayor first elected shall be ineligible to said office 
for three years after the expiration of said term. 


3.. No person shall be Mayor who has not attained 
thirty years of age, is not a qualified voter of The City, 
and who has not been a resident thereof for five years 
next preceding his election:! who is not a housekeeper or 
owner of real estate in said City at the time of his elec- 
tion; who holds any other civil office, or is directly or in- 
directly interested in any contract with said City as 
principal or surety; and if, after election, he becomes so 
interested, or an applicant for such contract, or a candi- 
date for any office or agency, his office shall thereby be- 
come vacant, and the General Council shall so declare, 
and fill the vacancy. 


4. The Mayor shall commence the execution of his 
office on the first Monday in. January succeeding his 
election; but the Mayor first elected under this charter 
shall commence the execution of his office on the second 
Monday succeeding his election. 

9. He shall, from time to time, give the General Coun- 
cil such information of the state of the corporation and 
such suggestions as he may deem proper or they may re- 
quire, and he may recommend to them such measures as 
he may deem important for their consideration. 


6. He shall exercise a general supervision over all the 
executive and ministerial officers of said City, and see 
that their official duties be honestly performed, and may 
require from them statements in writing concerning the 
discharge of said duties. 

7. He shall take care that the laws, ordinances, and 
resolutions of The City are faithfully executed; and shall 
perform such other duties, not inconsistent with this 
charter, as may be required by ordinance or resolution. 

8. He may appoint his own clerk, and remove him at 
pleasure. The salary of such clerk shall be fixed by or- 
dinance, and be paid out of the City treasury. 


1Amended by an act approved March 6,1884, g. v. in Chapter xxxili, post. 


44] 


442 


MAYOR. 


9. He shall be head of the police of The City, and 
may command them in the performance of their duty; 
and when deemed by him necessary to enforce the law, 
or to avert calamity, or save life or property in case of 
danger, he may order into service any of the citizens, ’ 
either civil or military, and in such cases he shall be 
present and command in person; and the General Council 
shall prescribe suitable fines and penalties for disobedi- 
ence of his orders on such occasions. | 

10. Except on adjournment, or approval of a contract 
theretofore approved by the Mayor, every proposed ord1- 
nance or joint resolution which has passed the General 
Council shall be presented to the Mayor; and if he ap- 
prove, he shall sign it, and then it shall be obligatory; 
but if he disapprove, he shall return it with his objec- 
tions in writing to the Board in which it originated, and 
said Board shall then reconsider the same, and if two 
thirds of the members elect concur in adopting it again 
it shall be sent, with the Mayor's objections, to the other 
Board, where it shall also be reconsidered, and if again 
passed by the votes of two thirds of its members it shall 
be obligatory; but in such cases the votes in each Board 
shall be taken by yeas and nays, recorded in the journal. 

11. Should the Mayor withhold a proposed ordinance 
or resolution beyond the day for the next regular meet- 
ing, and the General Council actually meet, if three days 
have intervened between the presentation to the Mayor 
and such meeting, it shall be obligatory as if signed. 

12. For special reasons the Mayor may convene the 


General Council at any time. 


18. The Mayor shall have the same power to admin- 
ister oaths or affirmations the justices of the peace and 
other judicial officers of this commonwealth have; and 
persons violating such oath or affirmation shall be subject 
to the penalties prescribed by law for violating such oath 
or affirmation if taken before any judicial officer. 

14. He shall fill all vacancies in executive and minis- 
terial offices not herein otherwise provided for. . 


MAYOR. 


15. Should the Mayor be temporarily disabled for 
discharging his duties, or the office become vacant before 
the expiration of his term, the General Council shall, on 
joint viva voce vote, elect a Mayor pro fem., who shall 
discharge the duties of the office during the continuance 
of the disability, or until a Mayor has been elected and 
qualified as provided by this charter. 

16. Said Council shall allow such compensation to the 
Mayor pro tem. as they may deem right, not exceeding 
in proportion the salary of the Mayor; and may, if they 
think it just, deduct the amount, in whole or in part, 
from the salary of the Mayor. 


17. The General Council of said City shall have power 
to increase the salary of the Mayor of said City to any 
sum which in the aggregate shall not exceed the sum of 
five thousand dollars per annwn. 


18. Whenever the Mayor shall deem it necessary, in 
order to enforce the laws of The City, or to avert or save 
life or property in case of calamity, he shall summon 
into service all or so many of the citizens as he may judge 
proper, and such summons may be by proclamation ‘or 
order addressed to the citizens or to companies, classes, 
or districts specified therein. 

19. Any person so summoned or otherwise informed 
of the call upon his service who shall fail to appear 
timely at the proper designated place to render service, 
or shall fail to render prompt and faithful service in 
obedience to the orders of the Mayor or his subordinate 
officers, or shall in any degree fail to render such assist- 
ance as may be in his power in preventing loss of life or 
property and in enforcing the laws, shall be fined not 
less than ten nor more than one hundred dollars. 


20. It is the duty of the Mayor to watch the indica. 
tions of any threatened or meditated breach of law or 
occurrence of calamity, and to exert these powers in 
time, if practicable, to avert them. 


21. The Mayor may draw, from time to time, on the 


Asn a GC taio 
amend an act 
entitled An act 
establishing a 
new charter for 
The City ot 
Louisville, ap- 
proved Mar. 3, 
1870. Approv- 
ed Mar. 3, 1871. 
See. 15. 


Ordinanee, 
approved Oct. 
26, 1853. 


Ordinance, 
upproved Oct. 
13; 1853. 


MAYOR. 


Secret Service Fund for such funds as he may think neces- 
sary, not exceeding the amount of said fund, and shall 
keep a book specifying the sums drawn dnd for what 
purpose used, which on request shall be exhibited to any 
member of the Council for inspection. 


kes See BuILDINGS— BURIALS AND BurRyInG PLACES— CHARITIES 
AND CoRRECTIONS— CITY ATTORNEY — ConTRACTS— CORPORATE POWERS 
—County RELATIONS— FINANCE— FIRE— GENERAL CoUNCcCIL— HEALTH 
—OFFICES AND: OFFICERS— PoLicE—PuBLic Ways—SINKING FUND 
— TAXATION — WHARVES AND HARBORS. 


EEE 


es ea ala toad Bed SO 


MECHANICS, LABORERS, AND 
MATERIALMEN. 


OD OPE Has Dery. 


1. The general mechanics’ lien 
jaw of 1858; lien given for work 
done or material furnished. 

2. The lien to continue if the con- 
contract be rescinded. 


3. Lienholders to be substituted 
for the persons evicted in respect 
of compensation for improvements 
made. 

4. Liens given shall exist against 
corporations, societies, trustees, etc. 

5. How liens may be enforced. 

6. Liens may be barred by limita- 
tion. 

7. Liens expressly secured to jour- 
neymen, laborers, sub-contractors, 
carpenters, joiners, masons, plasterers, 
turners, painters, brick-makers, lum- 
bermen, and others. 

8. Taking security waives len. 

9, Claims to be proved; cross-pe- 
titions unnecessary; mode of pro- 
cedure on the part of lienholders. 

10. The filing of answers by de- 
fendants; trial of cause. 

11. How lienholders, on obtaining 
judgment, may sue out execution; 
sales thereunder; clerks’ fees; ap- 
peals. 

12. Lodgment of the record and 
judgment in clerk’s office. 

13. The lien not to be valid against 
bona fide parchaser. 

14. The act limited in its opera- 
tion. 

15. Amendment of the act of 1858. 


16. Object of the amendment. 


) 17. The general law of 1869; all 


persons performing labor or farnish- 
ing material given a lien on the 


_ building; minimum amount for which 


| lien may attach. 

18. How liens may be enforced. 

19. The liens of sub-contractors 
secured; regulation thereof. 

20. The owner or employer may 
settle with the sub-contractor and be 


entitled to credit pro tanto from the 
contractor. 


| 21. Notice by sub-contractor to 


owner or employer previous to per- 
forming labor or furnishing material. 

22. Enforcement of lens; reme- 
dies provided. 

23. Improvements on the land of , 
infants, cestuy que trust, and married 
women. 

24. Where the interest of the em- 
ployer is less than a fee-simple estate. 


25. How materialmen may estab- 
lish len claims when material has 
been furnished by them to builders 
building more than one structure at 
a time. 


26. The service of notice. 

27. Repeal of previous laws apply- 
ing to The City and County and 
inconsistent. 


28. The rights and benefits of the 
| lien law extended to all persons fur- 
| nishing materials or Jaboring in 
| decorating, ornamenting, or improv- 

ing any building, by painting, paper- 
| ing, frescoing, or otherwise. 


An act pro- 
viding a gen- 
eral mechanics’ 
lien law for 
eertain cities 
and counties. 
Approved Feb. 
17, 1858. Sec. 
1. 


Id., Section 2. 


Id., Section 3. 


MECHANICS, LABORERS, AND MATERIALMEN. 


29, A legal day of labor to consist 31. Persons to whom the law does 
of ten hours. not apply. 

30. Nine hours on Saturdays made 32. Violation of the act a misde- 
a legal working day; exceptions. | meanor; fine. 


1. Carpenters, joiners, brick-masons, stone-masons, 
plasterers, turners, painters, brick-makers, lumber mer- 
chants, and all others performing labor or furnishing 
materials for the construction or repair of any building, 
or other structure within this commonwealth shall, and 
may have a joint lien upon the buildings or other structure 
they may be employed to construct or repair, and the 
interest of the employer in the land on which such build- 
ing or other structure may be constructed or repaired, or 
for which they may furnish materials, to the extent of 
the labor done and materials furnished by them respect- 
ively: Provided, that no lien shall attach for any sum not. 
amounting to ten dollars: Provided, that nothing herein 
contained shall be construed to affect, impair, or injure 
any lien or liens, whether by mortgage, deed of trust, or 
otherwise, which any person or persons, body politic or 
corporate, may have on the property by this act, subjected 
to the len or Hens hereinbefore created and mentioned. 


2. If such employer or employers hold. or claim by 
executory contract, and for any cause whatever, such 
executory contract shall be set aside or rescinded, the len 
herein given shall continue so far as the person or persons 
to whom the same may come, or with whom it may remain 
by reason of such rescision or setting aside, shall be 
advantaged by such building, repairing, or materials 
furnished. 


3. Where the employer or employers shall, by judg- 
ment at law or decree in equity, be evicted from the 
premises, and shall, by the rules of law or equity, be 
entitled to compensation from the successful claimant for 
improvements made on the premises, the person or per- 
sons who, under the provisions of this act, have liens as 
against such employer or employers shall, to the extent 


—— ==" 


MECHANICS, LABORERS, AND MATERIALMEN. 


of their liens, respectively, be substituted for the person 
evicted, and recover compensation from the successful 
claimant, so far as by law or equity such claimant is 
bound to make compensation to the person evicted. 


447 


4. The liens herein declared shall exist against private J7., Section 4, 


corporations, private guwasi corporations, and societies, or 
trustees holding estates for charitable uses, whether the 
building, repairing, or furnishing of materials shall be 
done or furnished at the request of such corporation, 
quasi corporation, society, or trustees, or by their ser- 
vants, or agents, authorized by parol or otherwise. 


9. Any person or person having a lien under this act, J7/., Section 5! 


may enforce the same by filing a petition in the Circuit 
Court, or Chancery Court, or any other court having 
like jurisdiction in the county where the property sought 
to be subjected or the greater part thereof is situated, at 
any time within one year from the completion of the 
work, or furnishing the material. All the persons having 
a lien may join in the petition against the employer, 
or one or more of them may file a bill against the em- 
ployer and the other persons having a len. Any party 
having a lien, who is not made a defendant to the peti- 
tion, may come into the case by motion or petition, as a 
defendant to the original petition. Each claim shall be 
clearly and distinctly stated, and as clear and distinct an 
answer shall be made to the same. The court, on the 
application of either party, may direct an issue to be 
made, and a jury called to try the same, as in other cases 
at law; and when the claims of each shall be ascertained, 
the Court shall adjudge the amount against the employer, 
whether an individual, private corporations, private quasi 
corporations, societies, or trustees holding estates for 
charitable uses, or otherwise the owner of the building 
or other structure, and direct the building or other 
structure, and the interest of the employer in the land, 
or of the successful claimant of the property, to be sold 
on a credit such as now is, or from time to time may 
be directed by law to be given in sales of real property 


448 


MECHANICS, LABORERS, AND MATERIALMEN. 


Id., Section 6. 


Id., Section 7. 


made by order of Court; and shall cause the sale-money 
to be collected and distributed in payment of the amount 
adjudged to the respective claimants. The amount due 
the claimants shall bear legal interest from the time the 
same shall have been due by the contract of the parties; 
and where there is no contract, the amounts shall bear 
interest from the time the work was finished, or the last 
materials furnished; and the purchaser of the property 
shall pay interest from the time of the sale, and shall be 
entitled to possession of the property from the time the 
sale is confirmed. The Court, after the claimants have 
all been paid, shall direct the surplus to be paid over to 
the owner of the property; and should the proceeds of 
the sale prove insufficient to pay all the claimants, then 
the Court shall cause each to be paid in proportion. 


6. No lien shall exist in favor of any person or persons, 
in virtue of this act, who shall not have proceeded within 
the time aforesaid to enforce such lien; and the //s pendens 
shall be construed to commence from the time of filing the 
petition. 

7 Any journeyman, laborer, sub-contractor, carpen- 
ter, joiner, brick mason, stone mason, plasterer, turner, 
painter, brick maker, lumber merchant, or other person 
performing labor or furnishing materials for the construc- 
tion or repair of any building or other structure within 
this commonwealth, who may be so employed to labor or 
furnish materials, shall, to the extent of his labor so done 
or materials furnished in the construction of such build- 
ing or other structure, have a lien on the same, and the 
interest of the employer in the land on which such struc- 
ture may be erected or repaired, whether such labor be 
done for and materials furnished to the sub-contractor or 
the contractor or building mechanic: Provided, that such 
journeyman, laborer, sub-contractor, carpenter, joiner, 
brick mason, stone mason, plasterer, turner, painter, brick 
maker, lumber merchant, or other person, shall give the 
owner of the property, or the employer of the contractor 
or building mechanic, written notice before payment is 


MECHANICS, LABORERS, AND MATERIALMEN. 


449 


made to the undertaker or building mechanic, that he 
looks to the property for the payment of what may be 
due to him for labor done or materials furnished in the 
erection of said building or structure. He may file his 
petition to enforce the lien, and he may be and shall have 
a right to be made a defendant to any petition brought to 
enforce any lien given by this act. He shall have the 
right to a judgment for what may be due him for labor 
or materials furnished; and the same shall be paid out of 
what may be due to the contractor or building mechanic, 
if so much be due to him; and if there be no more than 
one claimant entitled to a lien under this Section, and the 
amount due to the contractor shall not be sufficient to 
pay them all, they shall be paid pro rata. 


8. None of the persons named in the first Section of 
this act shall have a lien if they shall have taken security; 
nor shall any person named in the sixth Section have a 
lien when his principal has none. 


9. The plaintiff or plaintiffs, in any suit instituted 
under the provisions of this act, may proceed to the proof 
of their respective claims immediately on the service of 
process; and any defendant or defendants claiming a lien, 
may proceed to the proof of their respective claims imme- 
diately on filing their answers, asserting and specifying 
their claims, and notifying the plaintiff of such filing, if 
in vacation; it shall not be necessary for a defendant or 
defendants, claiming a lien or relief against any com- 
plainant or co-defendant, to make their answer or answers 
a cross-petition against the plaintiff or co-defendants; but 
the assertion of their respective claim and lien, in their 
answers, with a prayer for the appropriate or general 
relief, shall be sufficient to authorize the Court to enter 
the proper judgment for relief against any of the plaintiffs 
or defendants. Any person having a lien, and who is not 
made a defendant, may notify the plaintiff in writing that 
he has a lien and that he will, at the next term of the 


Court in which the suit is pending, enter himself as a 
29 


‘Id., Section 7. 


Id., Section 8. 


450 


Id., Section 9. 


Id., Section 10. 


MECHANICS, LABORERS, AND MATERIALMEN, 


defendant; and he may in all respects, proceed as though 
he were a defendant to the petition served with process. 


10. Immediately on the service of the process in any 
action instituted under the provisions of this act, any 
defendant or defendants shall have the right to file with 
the clerk of the Court in which the action is pending, his 
or their answer; and the clerk shall endorse thereon the 
true time of filing the same; and twenty days shall be 
allowed to a defendant or defendants to file their answers 
after the service of process; the cause shall stand for trial 
at the first term after the service of process, if the same 
shall have been served twenty days before the same is 
submitted for judgment, either at a common law or Chan- 
cery term; and may be taken up for trial on ten days’ 
notice in writing, on any day of any such term. The 
Court for good cause may continue the cause, and may 
permit a defendant or defendants to file his or their an- 
swers, at any time before the trial of the cause, on such 
terms as the Court may deem equitable. The proof of 
claims shall be by depositions unless the Court, for cause 
shown, shall hear oral testimony. 


11. Any person or persons having a lien under this act, 
for any claim not under ten nor over fifty dollars, upon 
obtaining a judgment on said claim? to the amount of not 
less than ten dollars, before any mayor or justice of the 
peace, or court of similar jurisdiction, may file a copy of 
the record of said judgment, and all the accompanying 
proceedings, in the clerk’s office of the Circuit Court for 
the county in which such judgment was obtained, and 
when ten days shall have elapsed after the rendition of 
said judgment, may sue out an execution thereon, which 
shall be issued by the clerk of said Circuit Court, and 
directed to the sheriff of said county, to execute as in 
other cases, which execution may be levied by the sheriff 
upon the interest of the defendant or defendants, in the 
property subject to said len, and the same may be sold, 
under the same rules and regulations which govern sales. 


MECHANICS, LABORERS, AND MATERIALMEN. 


under exeeution in other cases: Provided, that before any 
such execution shall issue, the plaintiff or plaintiffs shall 
file in the said Circuit Court Clerk’ s office an affidavit, stat- 
ing that the claim upon which said judgment was rendered 
was for labor done or materials furnished, as the case may 
be, toward the construction, or erection, or repair of a 
building, bridge, or other structure for the defendant or 
defendants, within twelve months next before said judg- 
ment was rendered; also, describing briefly the situation 
or location of the property on which said lien is claimed; 
the nature and extent of the interest of the defendant or 
defendants therein, and whether there are any other liens 
on said property, and if so, to what amount and in whose 
favor, to the best of his or their knowledge; a copy of 
which affidavit shall be furnished by the clerk to the 
sheriff, appended to said execution, and shall authorize 
the sheriff to levy said execution upon the interest of the 
defendant or defendants in said property, whether legal 
or equitable, and upon exposing the same to sale, the 
sheriff shall proclaim, publicly, the extent of the interest 
of the defendant or defendants therein, and all the incum- 
brances thereon, as set forth in said affidavit; and said 
sale shall not prejudice the len of any other person or 
persons on said property. For copying said affidavit the 
clerk shall be allowed, in each case, the usual fees for like 
services, to be paid by the plaintiff, and taxed in the bill 
of costs; and for all other services hereby required, he 
shall receive the same fees as for similar services in other 
cases: Provided, further, that nothing herein contained 
shall prevent the sheriff from making the amount of said 
execution out of any other property belonging to the 
defendant or defendants which would be subject to execu- 
tion in other cases: Provided, also, that either party may 
appeal from said judgment to the higher courts, under 
the rules, regulations, and restrictions which govern 
appeals in other cases, and a copy of the judgment may 
be taken from an inferior Court to the Circuit Court, and 
filed with like effect and proceedings as are provided 


451 


452 


Td., Section 11. 


Id., Section 12. 


Id., Section 13. 


MECHANICS, LABORERS, AND MATERIALMEN. 


herein with a judgment before a justice of the peace; 
and no execution shall issue on said judgment while said 
appeal is pending. 

12. When any person or persons shall lodge in the 
Circuit Court Clerk’s office the record of the proceeding, 
with a judgment of a mayor ora justice of the peace, or 
of other court, in his or their favor, as provided for in 
the foregoing Section, the clerk shall note the same as filed 
under the Mechanics’ Lien Law, and the same shall ope- 
rate to secure and perpetuate his or their hen, whether an 
appeal has been taken from said judgment or not, as 
effectually as if a petition in equity had been filed at the 
date of said judgment for the purpose of enforcing the 
same, subject to be defeated in case said judgment is not 
sustained on trial of the appeal to the amount of ten dol- 
lars. 

13. The lien herein provided shall not be effectual or 
valid against a dona fide purchaser for a valuable consid- 
eration, without notice, actual or constructive, of such 
lien; but if the purchaser receives notice of the lien before 
the payment of the whole purchase money, the len shall 
operate on the purchase money remaining unpaid. The 
pendency of a suit to enforce a lien, or a written state- - 
ment of the lien, its amount, and the property liable to 
it, filed in the clerk’s office of the County Court of the 
county in which the land is situated, shall each be deemed 
constructive notice of the lien to subsequent purchasers. 
Upon such a statement of the lien being filed in the 
clerk’s office of the County Court, the clerk shall endorse 
thereon the time of filing the same, and shall forthwith 
cross-index the same in the names of the owners of the 
property, subject to the lien and of the claimant of the 
lien, in the index to the book in which mortgages are 
recorded, for which, and for receiving, filing away, and 
preserving the statement, he shall receive a fee of twenty- 
five cents. 


14, The provisions of this act shall apply only to Jef- 
ferson and Kenton counties, and The City of Louisville 


pea ew ee 


MECHANICS, LABORERS, AND MATERIALMEN. 


and the city of Lexington, and the counties of Franklin, 
Bourbon, Trimble, and Carroll. 


15. The First Section of anact entitled ‘*An act providing 
a general mechanics’ lien law for certain cities and coun- 
ties,’ approved February 17, 1858, is amended as follows: 
After the word ‘‘respectively,’’ be added these words: 
“Or for the excavation of cellars, cisterns, vaults, wells, 
or for walling the same, or for the improvement, in any 
manner, of lots or other real estate, or by filling up the 
same with earth or other materials, or for grading, paving, 
or in any manner improving the same with labor or ma- 
terials of any sort, shall and may have a joint lien upon 
the property they may be employed so to improve, and 
the interest of the employer in the same, to the extent of 
the labor done and materials furnished by them respec- 
tively.’ Inthe fifth Section, after the words ‘‘the owner 
of the building or other structure,”’ be inserted, ‘‘or the 
real estate improved as aforesaid;’’ and in the sixth Sec- 
tion, after the words ‘‘or repair,’ in the fifth line, be 
inserted, ‘‘or the improvement of any real estate as afore- 
said, or;’’ and in the same Section, before the words ‘‘ have 
a lien,’’ be inserted the words, ‘‘or the improvement of 
any real estate as aforesaid;’’? and in the same Section, 
after the words, ‘‘or repaired,’’ be inserted, ‘‘and the 
interest of the employer in the real estate so improved.”’ 


16. The object of this amendment is to give, and hereby 
is given, to the persons performing labor or furnishing 
materials for the purposes mentioned herein, a lien there- 
for, precisely as mechanics, laborers, and others, have a 
lien under the act to which this is an amendment, and 
also the right to enforce the same under the provisions of 
said act. 

17. All persons who shall perform labor, or furnish 
materials, fixtures, or machinery for constructing, finish- 
ing, altering, adding to, or repairing any house, building, 
mill, manufactory, or other structure within The City of 
Louisville or County of Jefferson, by or under any employ- 
ment or contract, expressed or implied, shall and may have 


453 


An act to 
amend an act 
entitled An act 
providing a 
general me- 
chanies’ lien 
law for certain 
cities and coun- 
ties, approved 
Feb. 17, 1858, 
Approy’d June 
3, 1865. 


Id., Section 2. 


An act to 
provide a me- 
chanics’ lien 
law for The 
City of Louis- 
ville and coun- 
ty of Jefferson. 
Approved Mar. 
2, 1869. Sec. 1. 


454 


Id., Section 2. 


MECHANICS, LABORERS, AND MATEH#RIALMEN. 


a joint lien upon such house, building, mill, manufactory, 
or other structure, and upon the interest of the employer 
in the parcel of land on which such structure may be situ- 
ated, and in the previous structure added to, altered, or 
repaired, to secure the payment of their several demands ; 
which lien shall be prior and superior to all other liens or 
encumbrances on any such house, building, mill, manu- 
factory, or other structure, and the fixtures and machine- 
ry so constructed, when the structure is wholly new; 
and upon any machinery or fixtures, alterations, addi- 
tions, or repairs to a previous building, which are capable 
of being severed or removed from such previous building 
without material injury thereto, and shall be prior and 
superior to all other liens or encumbrances upon the 
interest of the employer in the lot or parcel of land built 
upon, and upon any previous structure so altered, repaired 
or added to, created after the commencement of construct- 
ing the house, building, mill, manufactory, or other struc- 
ture, or adding to, altering, or repairing a previous struc- 
ture: Provided, that no Hen shall so attach for any sum 
amounting to less than ten dollars. 


18. Any person or persons, having a lien under this act, 
may enforce the same by petition in equity in the Louis- 
ville Chancery Court, or in any court of similar jurisdic- 
tion, which may hereafter be established or exist in said 
County or City: Provided, such petition be filed within one 
year from the completion of the work or furnishing the 
materials. All the persons having a lien may join in the 
petition, or one or more may file a petition against the 
employer, and the other persons, or any of them having 
alien. Any person having a lien, nota party to the case, 
may, on his motion, be made a party defendant; and all 
defendants having Hens may set up their respective 
claims by answer, without the necessity of making the 
same a cross-petition. It shall be the duty of the owner 
or employer to make distinct answer to each claim set up 
in petition or answer, without other service of process, 
except the summons on original petition. In all respects, 


MECHANICS, LABORERS, AND MATERIALMEN. 


other than as herein provided, the case shall proceed and 
be conducted according to equity, law, and practice, and 
the rules of the court in which the same may be prosecuted. 
No lien shall exist in favor of any person or persons, by 
virtue of this act, who shall not have proceeded within 
the time aforesaid to enforce the same; and the lis pen- 
dens shall be construed to commence as to the several 
demands from the time of filing the petition or answer 
asserting or setting up the same; and any party in 
interest other than the employer may, by motion of 
record previous to judgment, without answer, require 
any claimant, or all claimants, to prove their demands as 
if controverted by general denial; and the plaintiff, on 
service of summons, and each defendant, on filing his 
answer and claim, may proceed to take evidence to prove 
the same. 


19. Any journeyman, laborer, mechanic, artisan, lum- 
ber merchant, brick-maker, or other person performing 
labor or furnishing materials for any of the purposes 
described in the first Section of this act, not under con- 
tract or employment of the owner, but as sub-contractor, 
may avail himself of this act by giving notice in writing 
to the owner or employer, before payment is made to the 
contractor or building mechanic, that he looks to the 
property for the payment of what may be due to him for 
such labor done or materials furnished; whereupon he shall 
have and acquire a lien as valid and to be enforced in the 
same way as if he had contracted with or furnished to 
the owner or employer: Provided, that the lien or liens 
so acquired by sub-contractors shall not swell the aggre- 
gate payments or indebtedness of the owner or employer 
beyond what he would be bound for by contract, where the 
work has been done on contract, or in other cases beyond 
what he would be lawfully bound for upon the quantum 
meruit, after giving credit for payments made before 
notice by sub-contractors; and it is further provided, that 
the demands of sub-contractors shall be severally paid 
out of what may be due to the contractor or building 


Id. Section 3. 


456 


Id., Section 4. 


Id., Section 5. 


MECHANICS, LABORERS, AND MATERIALMEN. 


mechanic, under whom they claim, if so much be due 
him, after giving credit to the employer as to each demand 
of sub-contractors for payments made to the contractor 
or building mechanic, prior to notice as above provided; 
and no sub-contractor shall be prejudiced on account of 
any payment made by the employer to the contractor or 
building mechanic, after notice as aforesaid by such sub- 
contractor; and if payments are made by the employer 
after notice by any one or more sub-contractors, and prior 
to notice by another or others, such notice or notices so 
given, prior to such payments, shall have preference to 
the extent of such payments; and in such cases the sub- 
contractors shall be classified; and under these regulations 
the Court shall distribute the fund amongst the parties 
according to their respective rights and equities. 


20. It shall and may be lawful for any such owner or 
employer, upon receiving notice from any sub-contractor, 
as provided in the third Section, to assume the amount 
justly due to such sub-contractor, and thereupon at once 
become entitled to credit therefor as a payment as between 
himself and the contractor: Provided, that this be not 
done to the prejudice of any sub-contractor who may have 
given previous notice of his claim and len. 


21. Any sub-contractor may, before furnishing any ma- 
terials, or performing any labor as aforesaid, give notice 
to the owner or employer of his intention to furnish or 
perform the same, and the contract price, or probable 
value thereof, and that he looks to the property for pay- 
ment; and if, within the next day after receiving such 
notice, the owner or employer does not warn or notify 
such sub-contractor not to furnish sach materials or per- 
form such labor on the credit of the property, and the 
sub-contractor goes on to furnish the materials or perform 
the labor, he shall have a lien, as in the first Section 
provided, for the sum justly due to him, not exceeding 
that named in the notice, not to be scaled or lessened on 
account of any payments made by the owner or employer 
to the contractor or building mechanic, whether before or 


=e eS 


MECHANICS, LABORERS, AND MATERIALMEN. 


after such notice; and after doing work or furnishing 
materials, either without notice or under notice as afore- 
said, the sub-contractor may give like notice, and do or 
furnish other work or materials with like effect and upon 
like conditions, as above herein provided. 


22. The liens herein provided shall be enforced by 
appropriate orders, judgments or decrees, for the sale of 
property on which the lien exists, according to equity 
usage; and if it shall appear that the employer did not 
own or had no right to bind the land for a sufficient estate 
to satisfy the hens, then the Court may provide for the 
sale and removal of the house, building, mill, manufac- 
tory, or other structure, where it is wholly a new structure, 
or of the fixtures, machinery, alterations, additions, or 
repairs, upon which the lien exists, so far as the same 
may or can be removed without material injury to the 
former structure not owned by the employer, or to rent 
the same for the benefit of len claimants, if it shall ap- 
pear the rents will pay the lien claims in a reasonable 
time, in cases where the owner of the land or former 
structure consents to the renting, on election given. 


23. And if the land upon which any such structure is 
erected, or the land and structure upon which any such 
alterations and repairs are made, shall be owned or held 
for any infant or cestuy que trust, or as the separate estate 
of a married woman, without power of sale or encum- 
brance, and the Court shall be of opinion that the contract 
or employment was not such as to bind the land or any 
interest therein, sufficient to raise the amount necessary 
to satisfy the liens, then it may and shall be competent 
for the guardian of such infant, or the trustee or married 
woman to exhibit his, her, or their petition, or, by answer 
to any petition pending under this act, allege and prove 
to the satisfaction of the Court that it would redound to 
the interest of the infant or cestuy que trust, or married 
woman, to cause said property so built upon or improved 
to be either sold or leased or rented out, to pay the lien 
claims established, rather than remove the structure or 


Id., Section 6. 


Id., Section 7. 


458 


MECHANICS, LABORERS, AND MATERIALMEN. 


Id., Section 8. 


Id.. Section 9. 


TId., Section 10. 


improvements, or to ascertain the comparative value of 
the property independent of the improvements, and of 
the improvements, and to have the whole, or so much 
thereof as may be necessary, sold, and the lien claims 
paid, or the proceeds distributed between the married 
woman, infant, or cestuy que trust, and the lien claimants, 
the Court making proper orders for the safe-keeping or 
the re-investment of the portion going to such infant or 
cestuy que trust, or married woman. 


24. If the interest of the employer in the land on which 
the work or materials were done or furnished is that of a 
lessee for years, or other interest less than a fee simple, 
the Court may either sell the house or other improve- 
ments, with the privilege to the purchaser or his assigns 
to: enter and remove it; or may sell the interest of the 
employer during his term, with privilege of removal 
of the house or other improvement; or may sell the land, 
subject to the contingency affecting the title; or may order 
the property to be rented—whichever may seem best for 
the interest of all parties consistent with the liens and 
equities herein created. 

29. In case any lumber merchant, brick maker, or other 
material man, shall have furnished or sold materials to 
any contractor or building mechanic who shall be engaged 
in building more than one structure at the same time, and 
it shall be beyond the power of such material man to 
make it appear in proof how much of his materials went 
into any one structure, the Court may permit his lien- 
claim to be proved and established against any and all 
such structures, and the interest in the land as herein 
provided: Provided, that no valid lien of any other me- 
chanic or material man is lessened or impaired by any 
such allowance beyond the amount actually proved as to 
each structure: and provided also that the rights by this 
Section provided shall take effect only from the date of 
its being claimed by suit, and subject to prior conveyances 
and equities. 

26. Any notice provided for in this act may be served 


—————— —_ fe 


MECHANICS, LABORERS, AND MATERIALMEN. 


by the Sheriff or any Constable of said City or County, 
by delivering a true copy thereof, and whose return 
thereon shall be received in evidence without further 
proof, or the service of the notice may be proved by a 
disinterested witness, or as provided by existing laws as 
to notices generally. 

27. The act providing a general mechanics’ lien law for 
certain cities and counties, approved February 17, 1858, 
so far as it is inconsistent with this act, and only as to 
The City of Louisville and County of Jefferson, be re- 
pealed; but as to the matters provided for by amendment, 
approved June 3, 1865, as to the said City and County, 
and in all other respects as to the other cities and counties 
to which those acts extend, they shall continue in force. 


28. An act entitled ‘‘An act to provide a mechanics’ 
hen law for The City of Louisville and Jefferson County,’’ 
approved March 2, 1869, is hereby amended so as to ex- 
tend the rights, privileges, and benefits thereof to all 
persons who shall at anv time, by or under any contract 
or employment, expressed or impled, perform labor or 
furnish materials in decorating, ornamenting, or improv- 
ing any building or structure in said City or county by 
means of painting, papering, frescoing, or otherwise. ! 


1An act of 1831, for the benefit of the mechanics of Louisville, limited 
the time within which the remedy may be pursued by any one to whom it 
shall have been given, to one year from the time when his work was com- 
pleted or materials furnished, and not from the time when the building was 
finished.— Longest and Ott v. Breden et al., 9 Dana, 141. The purpose of the 
act of 1831 in creating a joint mechanics’ lien, was to place all the workmen 
and vendors of materials upon an equality as to the security —not to compel 
them to unite in one suit to enforce it. They might have united, or any one 
of them might have filed a separate suit, upon his own claim, against the 
employer, making the other parties defendant.— Jb. Though an act of 1851 
provided that the amount due the claimants should bear legal interest from 
the time when it was due by the contract, interest was not to be allowed in 
every instance in which a mechanic chose to avail himself of the act to 
bring his claim into court.— Kaye v. The Bank of Louisville, 9 Dana, 260 
When property situated in Louisville is improved, building mechanics and 
material men have alien on the real property built on, for work and mate- 
rials, commencing with each part as progressing and continuing throughout; 
which liens are first to be removed before right of dower attaches. After 


459 


Td., Section 11. 


AW -aep to 
amend an act 
entitled An act 
to provide a 
mechanies’ lien 
law tor The 
City of Louis- 
ville and Jef- 
ferson County, 
approved Mar. 
2, 1869. Ap- 
proved Apri ] 
1, 1882. 


460 


An act for 
the benefit of 
the mechanics 
and laborers in 
The Gity of 
Louisville. 
Approved Jan. 
14, 1854. 


MECHANICS, LABORERS, AND MATERIALMEN. 


29. On all contracts for labor to be performed in The 
City of Louisville, by the day, week, month, or year, ten 
hours shall be considered a day in the computation of 
the time occupied at labor by any party to the contract; 
and the party performing labor as aforesaid shall be 
entitled to receive the compensation agreed upon for 
labor, at the rate of one day for every ten hours of labor, 


unless a special contract for a greater or less number of 


hours for a day be agreed upon by the parties. ? 


2See the next succeeding Section. 


these hens are removed, the widow is entitled to dower in the remainder.— 
Nazareth Literary and Benevolent Institution v. Lowe, et al., 1B. Mon., 257. 
If several attachments be delivered to a sheriff, at different hours on the 
same day, and all levied at the same time, they should be satisfied according 
to the order of their delivery to the sheriffi— Sewell v. Savage et al., 1 B. 
Mon., 260. Tf there be mutual accounts between builder and mechanic, and 
there be no balance due to the mechanic at the filing of the bill, he can have 
no relief, especially against an innocent purchaser of the property.— Graham 
& Co., and Jarvis v. Holt, Breden et al., 4 B. Mon., 61. A conveyance of 
property to a trustee to secure the payment of a sum due to a mechanic in 
Louisville for which he has a lien, which was not accepted, does not affect 
the lien.— Jb. Nor do the taking a note by a mechanic in Louisville for a 
debt for which he has a lien,and the negotiation of that note at bank, release 
the lien, if the payee is compelled to take up the note, provided he file his 
bill within the year to enforce lien.— Jb. Nor does the assignment of a note 
by a mechanic of Louisville for which a lien exists, destroy that lien.—J6. 
And see Laviolette v. Redding et al., 4 B. Mon., 81, and Finch and Hall v. 
Redding et al., do. 87, A mechanic has a lien on the interest of a lessee of a 
house for materials furnished for that house, though part of the materials be 
used on parts of the building leased from different landlords.— Laviolette v. 
Redding et al., 4 B. Mon., 81. Anda lien has been enforced against the 
lessee and another, though it appeared that a third person was the owner of 
the fee simple of part of the ground on which the house stood, such person 
being in due time brought before the court by amended bill—Jdb. The 
mechanics’ lien law for Louisville and Jefferson County, of March 2, 1869, is 
still in force.— Seiglestyle v. Diesenroth and others, 12 Bush, 296. A defend- 
ant to a petition filed under this act may file an answer, and assert his lien 
upon the property sought to be subjected without making his answer a cross- 
petition against the owner; being before the court on the original petition, 
the owner of the property is bound by said statute to take notice of all claims 
asserted by any one who was made a defendant in the original petition 
against him, or who was made a party by order of the court during the pro- 
gress of the suit; but a personal judgment against the employer or owner of 
the property is not authorized by said statute without the service of a sum- 


MECHANICS, LABORERS, AND MATERIALMEN. 


46] 


30. It shall hereafter be unlawful in The City of Louis- 
ville for any employer or employers who hire persons to 
perform and do labor of any character whatever, except do- 
mestic servants, salesmen, saleswomen, clerks, employes 
of railroad corporations, express companies, steamboats, 
water-crafts of any character whatever, transfer companies, 
hotels, boarding-houses, restaurants, telegraph and tele- 
phone companies, gas companies, job-printing offices, 
newspapers, and printing, binding or lithograph offices, 
and the business thereof of any character whatever; to 
require such persons to.do or perform labor or render 
services to or for such employer or employers on Satur- 
days more than nine hours, and for said nine hours a full 
day’s wages shall be paid: Provided, however, that any 
and all persons who may be hired as aforesaid, shall have 
the right to contract for extra pay for their services ren- 
dered or labor performed in excess of said nine hours on 
Saturdays. 


31. The provisions of the foregoing Section shall not 
apply to laborers, artisans, or any servants, agents or 
employes, who are or may be employed by municipal 
corporations or the Commonwealth of Kentucky. 


32. Any person or persons or corporation who violate 
the provisions of: this act shall be guilty of a misde- 
meanor, and shall be proceeded against by a warrant in 
the name of the commonwealth before a justice of the 
peace, police judge, or judge of a City Court, and upon 
a trial and conviction therof shall be fined for each sepa- 
rate offense, in the sum of ten dollars and the costs of 
prosecution, which said fine shall be collected and en- 
forced as fines are now collected and enforced in the 


mons issued upon such answer or upon a cross-petition against him.—lI). 
Under the mechanics’ lien law applicable to The City of Louisville, the 
material men and mechanics asserting liens upon the building erected by P 
and wife upon a lot conveyed to them ‘by the L. B. Association, have liens 
superior to the vendors for their work and materials; but having failed to 
record their liens as required by statute, they lost their priority as against 
the association.— Lou. Build’g Association v. Korb and others, 79 Ky., 190. 


An act to 
designate the 
number ot 
hours which 
shall constitute 
a day’s work 
uponSaturdays 
in The City of 
Louisville. 
Approved Apr. 
4, 1884. Sec. 1 
et seq. 


462 


MECHANICS, LABORERS, AND MATERIALMEN. 


Circuit Courts under the penal statutes of the common- 
wealth, and when so collected and enforced shall be for 
the benefit of the public schoolsin The City of Louisville, 
and paid to the trustees of the public schools in The City 
of Louisville. | 


ses See CHARITIES AND CoRRECTIONS— Courts oF Law. 


CHAPTER XXXIII. 


OFFICES AND OFFICERS. 


CON Le No Si 


1. Auditor, Treasurer, Assessor, 
Tax Receiver; time and place of 
election; term of service. 


2. Bond and oath required; com- 
pensation. 

3. Eligibility and qualification. 

4. Filling of vacancies. 

5. Members of tbe General Coun- 
cil and other officers to take oath. 

6. Official malfeasance a_peni- 
tentiary offense. 


7. Salaries not to be increased 
during the term of the interested 
incumbent. 


8. General qualifications for City 
offices. 

9. Official duties, compensation, 
and bonds to be fixed by the Council. 

10. Punishment of official bribery. 

11. Officers elected by the Council. 

12. Control of inspectors. 

18. Eligibility of persons to offices. 

14. Vacancies, how filled. 

15. Elections by the Council. 

16. Removals from office. 

17. Mode of elections by the Coun- 
cil. 

18. Eligibility to elective City 
offices amended; residence in The 
City. 

19. Repeal of former laws. 

20. Wharfmaster and Back-tax 
Collector; election, term, etc. 

21. Bonds, 

22. Auditor’s term extended. 

23. Terms of Tax Receiver and 
Treasurer extended. 

24. Assessor’s term extended. 


25. Engineer’s term extended. 

26. Chiet’ of Fire Department; 
term extended. 

27. Salary increased. 

28. Ordinance increasing salary. 

29. Salary of Assistant City At- 
torney. 

30. Duties. 

31. Additional duties. 

32. Term of office. 

33. Salaries of City officers and 
employes. ; 
34. Manner of paying salaries. 
35. Who may administer oaths. 

36. The Mayor's duty as to admin- 
istering oaths. 

37. Form of oath to be adminis- 
tered to all officers. 

38. Form of bond to be executed 
by all officers. 

39. Sureties on bonds. 

40. Officers to be sworn by the 
Mayor. 

41. General obligations of officers. 

42. Not to be interested in City 
contracts. 

3. Violation of duty and removal. 

44. Duties of retiring officers and 
employes respecting moneys, books, 
maps, badges, property, and papers 
in their custody. 

45. Officers not to go on bonds as 
sureties. 

46. Officers elect to qualify in ten 
days. 

47. Notification of election. 

48. Vacancies in office. 

49. Office hours at the City Hall. 


464 


OFFICES AND OFFICERS. 


The charter, 
act of March 


3, 1870. 


DT et seq. 


Sec. 


1. There shall be elected by the qualified voters of said 
City, at the times and places provided for the general 
election of Councilmen, one person as Auditor, one as 
Treasurer, one as Assessor, and one as Receiver of Taxes, 
each to serve for two years, and until his successor is 
qualified. ? 


1The words qualifications and qualified are used in the State Constitution 
in their most comprehensive sense, to signify not only the circumstances that 
ure requisite to render a citizen eligible to office or that entitle him to vote, 
but also to denote an exemption from all legal disqualifications for either 
purpose.— Commonwealth v. Jones, 10 Bush, 725; Hall v. Hostetter, 17 B. Mon. 
784. The deprivation of the right to hold office is a punishment, and the 
provision in Section 20 of Article 8 of the State Constitution, for depriving 
persons guilty of dueling of the right to hold office, was intended as a punish- 
ment.—Commonwealth v. Jones, 10 Bush, 725. A citizen who denies that he 
is guilty of having violated that provision, and is willing to take the oath of 
office, may enter upon and discharge the duties thereof without subjecting 
himself to an indictment for usurpation of office until he has been first in- 
dicted, tried, and convicted for the disqualifying offense; but if he take the 
oath falsely and corruptly, he may be indicted and prosecuted for the crimes 
thereby committed.—_/b. All State, district, county, city, and town officers, 
within this commonwealth, are required by Section 1, Article 8, State Consti- 
tution, to take the dueling oath therein preseribed; this oath can not be dis- 
pensed with by legislative enactment.—Morgan et al. v. Vance, 4 Bush, 323. 
And the disability to hold office, by reason of participation in a duel, can not, 
by law, be removed; the right may be restored, by the pardon ot the Governor, 
after five years from the time of the offense.—Ib. See Sec. 21, Art. 8, State Con- 
stitution. If an officer be eligible and has taken such oath as is required by 
law—the law creating the office not requiring the dueling oath prescribed in 
the constitution—his acts are not void, because he did not take said dueling 
oath.— Morgan et al. v. Vance, 4 Bush, 323; Rice et al. v. Commonwealth, 3 
Bush, 14. But, if an officer be eligible, and has taken such oath as he sup- 
posed to be required, and regards his installation as regular, he might be 
deemed an officer de jure as well as de facto, until a regular proceeding and 
judgment declaring the office vacant.— Morgan etal. v. Vance, supra. However, 
if the incumbent be ineligible, his claim to the office cannot be supported by 
regularity of installation or other apparent compliance with the law, and in 
a suit to hold him responsible he can not justify under his capacity as an 
officer.—Ib.; Rodman v. Harcourt § Carrico, 4B. Mon., 224; Patterson v. Miller 
et al., 2 Met., 195. So far as the constitution requires of all officers to take the 
prescribed oath, and so far as it provides disqualifications upon acts, and not 
upon judgment of conviction, the constitution, as the supreme law of the 
land, executes itself without any extraneous aid by way of legislation, nor can 
its requirements be so defeated.—Morgan et al. v. Vance, supra. The word 
term, with reference to terms of office, is used in the constitution to desig- 
nate a fixed and definite period of time. A statute creating the offices of 
members of the police board of a city, which provides that they may be 


OFFICES AND OFFICERS. 


2. Before entering upon their duties they shall each 
take such oath and give such bond and sureties as may 
be prescribed by ordinance. The General Council shall 
fix their compensation. 


removed at the pleasure of the Chancellor, and that they must be 
removed whenever, by a change of political opinion on their part or 
on the part of the Mayor, they cease to agree, fails to comply with the 
requirements of the constitution, and provides for a tenure of office un- 
known to that instrument.—Speed § Worthington v. Crawford, 3 Met., 207. 
An appointment to an office by the governor is not the same thing, in a con- 
stitutional sense, as an election to an office-——Jb. There are two modes pre- 
scribed by the constitution for removing a civil officer from office: By 
impeachment, which applies to every civil officer in the State, and by indict- 
ment or presentment, which applies only to county judges, justices of the 
peace, sheriffs, coroners, surveyors, jailers, county assessors, county attorneys, 
and constables.—Lowe v. Commonwealth, 3 Met., 237. See Constitution of 
Kentucky, Article 5 and Article Z, Section 36. The Board of Aldermen of 
The City of Louisville, acting as a court to try charges preferred against a 
City officer, is a court of limited jurisdiction, and everything essential to 
making it such a court must appear affirmatively.—Tomppert v. Lithgow, 1 
Bush, 176. The Board, as a court, having been sworn by an officer who was 
not authorized to administer oaths, were not legally sworn, and therefore had 
no legal authority to try Mayor Tomppert, and the proceedings by which he 
was ousted were void.—Ib. At common law the authority of the officer 
administering the oath was always open to inquiry, and that rule was recog- 
nized and continued in the Revised Statutes of Kentucky.—Biggerstaff v. 
Commonwealth, 11 Bush, 169. Any office established by statute may be abol- 
ished by statute, unless it be a contract which can not be impaired by legisla- 
tion. An office established and held for the public good is not a contract, nor 
is 1ts tenure secured by any binding contract.—Standiford v. Wingate, 2 


Duvw., 440. An office created by a city council may be abolished by it.— 


Williams v. Newport, 12 Bush, 438. The chief of the fire department of the 
city of Newport was an officer of the city, elected by the council for a term 
of two years, subject to the right of the council to abolish the office at any 
time.—Ib. The election was not a contract between him and the city, nor 
was he obliged to serve the two years.—Ib. _ According to ancient and well- 
established principles, the vacancy or forfeiture of an office must be declared 
by a direct proceeding, unless a different mode is prescribed by express stat- 
ute; and until the vacancy or forfeiture shall have been thus declared by the 
competent tribunal in the appropriate proceeding, the official acts of the 
incumbent, at least so far as those acts affect third persons, are valid, and can 
not be collaterally questioned.—Stokes v. Kirkpatrick, 1 Met., 138. If an 
officer, without intending a permanent change of residence, so absents him- 
self from his county or district as to be guilty of willful neglect in the dis- 
charge of official duties, he is liable to a prosecution, as provided in Section 
36, Article 4, of the Constitution of Kentucky, and, if convicted, removed 
from office; but the mere existence of such official neglect would not of itself 
operate to vacate the office—Curry v. Stewart, 8 Bush, 560. 
380 : 


465 


466 


OFFICES AND OFFICERS. 


Id., Section 28. 


3. No person shall be eligible to any of the offices named 
in Section 27? who is not, at the time of election, a quali- 
fied voter of said City, and who has not been a bona Jide 
resident thereof for five years preceding; and should any 
of said officers after election remove from The City, or be 
a candidate for or hold any other civil office, or be directly 
or indirectly interested in any agency or contract with 
said City as principal or surety, or any application for 
one, he shall thereby vacate his office. 


4. Should any of the offices named in this Section be- 
come vacant, it shall be filled by the General Council in 
joint session, by viva voce vote, for the unexpired term. 


2Section 1, preceding. 


No judicial officer, however low his grade as such, is liable to suit for a 


judicial opinion, however erroneous it may be, if it be not influenced’ by im- 


proper motive—4 Bibb, 28; Morgan v. Dudley, 18 B. Mon., 693. Where 
the duties of municipal officers are judicial in their nature, calling for the exer- 
cise of discretion upon their part, the courts can not substitute their judgment 
for that of the officers, unless the officers have acted in bad faith or cor- 
ruptly.— City of Newport v. Berry, decided by the Court of Appeals September 
12, 1882. Under a statute directing that “the city of Newport shall pay the 
presiding judge of the County Court such reasonable sum for his services as 
the City Council of said city may annually determine,” the action of the 
Councilin making the allowances must be regarded as final, there being nothing 
to show that they acted corruptly or in bad faith, and no provision for an 
appeal.—_Ib. A sheriff whose duty it is to decide on the qualification of voters, 
where the two judges disagree in regard to the qualification of voters, acts 
judicially.— Morgan v. Dudley, 18 B. Mon., 693. Limitation at law begins to 
run from the perpetration of the fraud; in equity, from the discovery of it.— 
Ellis v. Kelso, 18 B. Mon., 296; Pyle v. Beckwith, 1 J. J. Marsh, 445. And 
in case of a fraudulent entry on his books by a clerk or other employe, the 
cause of action accrues and limitation begins to run eo instanti—Ellis v. 
Kelso, supra. In the Constitution of Kentucky, the words “qualifications” 
and “qualified” are used in their most comprehensive sense; to signify not 
only the circumstances requisite to render one eligible to office, but to denote 
exemption from all legal disqualifications.— Hall v. Hostetter, 17 B. Mon., 784- 
Officers of a city are quasz civil officers, and are responsible for malfeasance 
or nonfeasance in office; but the corporation is not responsible—Prather v. 
City of Lexington, 13 B. Mon., 659. An officer of a corporation, when con-. 
tracting as agent of the corporation, and within the scope of his authority, is 
not individually bound; it is the act of the corporation — Taylor, Shelby § Co. 
v. Williams, 17 B. Mon., 489. On the subject of the compatibility of federal and 


——————— Se lhc rrltC Ch rr rm hm 


OFFICES AND OFFICERS. 


5. The members of the General Council and all other 
officers of The City, before entering upon the duties of 
their respective offices, shall each take such oath or 
affirmation of office as may be prescribed by ordinance, 


state offices in one incumbent, sée Rodman v. Harcourt & Carico, 4 B. Mon., 
224; and Justices of Spencer County Court v. Harcourt, 4 B. Mon., 499. Gross 
negligence in the discharge of a fiduciary trust is evidence of fraud.—Com- 
monwealth v. Rodes, 6 B. Mon., 171. Though a clerk who has been guilty of 
a single illegal charge, with a plausible pretext therefor, might be excused, 
the habitual practice of charging illegal fees under color of official right 
amounts to such misbehavior as to demand a removal from office.—Common- 
wealth v. Rodes, 6 B. Mon., 171. Where specific compensation is given by 
law to a public officer by way of fees and commissions for the performance of 
specific duties, the true rule would seem to be that he is not entitled to the com- 
pensation until. he performs the service; nor can he recover damages on 
account of having been prevented from performing the services whereby he 
would have earned the designated compensation.— Wheatly v. City of Coving- 
ton, 11 Bush, 18; Snell v. Sheriff of Woodford, 9 Dana, 128. Tf one party to 
a contract offers to perform his agreement, but is prevented by the other, the 
offer will be treated as a performance, or as excusing performance on his 
part, and he may recover the whole compensation agreed to be given, 
or the damages sustained in consequence; but employment in a public 
office creates no such rights or liabilities.— Wheatly v. City of Covington, supra, 
Public offices are not held by grant, nor under contract, nor were they 
created for the benefit of incumbents, but for the use and benefit of the com- 
munity; they can not be sold, mortgaged nor transferred, and no property 
right in them, as such, can be vested in any citizen; the only right which 
the officer has in his office is that of exercising its duties and receiving com- 
pensation therefor in manner fixed and regulated by law.— Commonwealth v. 
Bailey, Court of Appeals, Nov. 23, 1882. A contract by which the clerk of a 
Court transferred and assigned to a trustee for the benefit of a third party in 
consideration of a debt due said third party, all the fees and emoluments of 
his office in the future, until the debt should be paid, was held to be against 
public policy and void.— Field v. Chipley, 79 Ky., 260. Though a ereditor 
may not have a decree against the State for money due an insolvent debtor 
who is an officer of the State (Devin v. Harvie, 7 B. Mon., 439) yet such 
decree may be rendered against a town or city corporation, which may be 
sued for money actually due to a town or city officer for services at the filing 
of the bill.— Speed et al. v. Brown, 10 B. Mon., 108. The salaries of officers 
of cities and towns may be attached and subjected to the payment of their 
debts by the coercive process of the law; the salary of a State officer can not be 
attached, because the State, being a necessary party, can not be sued—it is other- 
wise as to acity or town officer.— Rodman v. Musselman, 12 Bush, 354. Before 
qualifying and executing bond for his ensuing term the city treasurer of Padu- 
cah made a settlement of his accounts, andin payment of the amount found to 
be due to the city by him delivered to the proper committee his cheque on the 
Commercial bank for $8,751.44, certified to be good by the bank president 


467 


The charter, 
act of March 


Sec. 


468 


OFFICES AND OFFICERS. 


Td., Section 106. 


and that he has the qualifications prescribed by this char- 
ter, and will continue to have the same while in office. 


6. If any Auditor or Treasurer or other officer of said 
City shall make or knowingly permit others to make false 
entries in his books, or shall allow or disallow any items 
with intent to cheat or defraud said City, or any person or 
corporation, or shall embezzle or knowingly misapply or 
withhold any money or property of any kind belonging 
to said City coming into his hands officially, such officer 
shall, upon conviction thereof, be confined in the peniten- 
tiary of this commonwealth not less than two nor more 
than ten years. | 


after executing his bond for the succeeding term this cheque was returned to 
the treasurer and by him surrendered to the president of the bank, who 
destroyed it; it was thereafter discovered that the treasurer was a defaulter, 
and that he had on deposit in said bank only the sum of $1,779.51 instead of 
the amount named in the cheque; on these facts, without deciding as to the 
liability of the bank, it was held that the city must look to the bank for the 
unpaid balance of the cheque, and not to the sureties of the treasurer; and 
that the surrender of the cheque did not involve the loss of the debt, but 
merely of the paper by which its existence was evidenced.— City of Paducah 
v. Cully and others, 9 Bush, 523. The treasurer of the city of Covington was 
not entitled to recover from the city any compensation in addition to his 
salary by reason of his being required to receive certain taxes, without an 
express contract for additional compensation: when there is an increase 
of an officer’s duties there is no legal obligation on the part of the city 
to increase the officer’s salary.— City of Covington v. Mayberry, 9 Bush, 304. 
A surety upon the bond of « public officer is estopped from raising the ques- 
tion of his principal’s eligibility— Jones v. Gallatin County, 78 Ky., 491. 
Where no time is fixed at which the term of office is to begin, the party 
elected may enter upon the discharge of its duties when he receives his 
certificate and is qualified according to law.— McGee v. Gill, 79 Ky., 106. 
Appointments of officers need not be in writing.— Hoke v. Field, 10 Bush, 144. 

The unreported opinion in the case of Bunce v. City of Louisville, Court of 
Appeals, Nov. 3, 1878, is as follows: 

“The only question presented in this case is, Can the legislature after 
creating by enactment a municipal corporation to aid in its internal govern- 
ment, and having officers elected under it, repeal or so modify the act of 
incorporation as to lessen the period or destroy altogether the offices to which 
persons have been elected under the o1iginal enactment? Bunce was elected 
Mayor under the old charter of The City of Louisville, and before the expi- 
ration of his term a new charter was created by the legislature for The City, 
and the office of Mayor made elective under its provisions, prior to the 
termination of the period for which he was elected, or, in other words, his 


cele ee ee Ce led ee 
t 


eee 


G2) 


OFFICES AND OFFICERS. 


469 


7. Salaries of officers of said City and of City insti- 
tutions shall not be increased directly or indirectly, by 
donation or otherwise, during the term for which such 
officers shall be elected or appointed, nor at any time 
after such election or appointment. 

8. All officers of said City and City institutions shall 
be white male citizens of the United States, and qualified 
voters in The City of Louisville; but white females may 
be employed as superiors or matrons in institutions exclu- 
sively for females, and as superintendents of the Marine 
and City Hospitals, and as teachers in the public schools. 


9. The General Council may prescribe the duties and 
compensation and bonds of all officers and agents of said 
City, in every branch of the City government, by ordi- 
nance not in conflict with law. ; 

10. Any officer of said City or member of the General 
Council who shall receive any money or other thing of 
value, directly or indirectly, for his vote or influence in 
favor of any measure upon which he shall act officially, 
shall be deemed guilty of felony, and upon conviction 
thereof be confined in the penitentiary not less than two 
nor more than twenty years. 


11. The General Council shall, wpon joint o/va voce vote, 
at such time or times as may be fixed by ordinance, elect 


office by this new charter was lessened in its duration. The authorities are 
so well understood on this question as not to admit of discussion. Cooley 
on Constitutional Limitations, says: ‘On these points it would seem that there 
could be no difficulty, when the State employs officers or creates municipal 
corporations as the mere agencies of the government; it must have the 
power to discontinue the agency when it is no longer important; the framers 
of the constitution did not intend to restrain the States in the regulation of 
their civi] institutions adopted for internal government. They may, there- 
fore, discontinue offices and abolish or change a municipal corporation at any 
time, according to the existing view of State policy, unless forbidden by their 
State constitution from doing so.’ There is nothing in our State constitution 
prohibiting such legislative action, and no such office as that of Mayor of The 
City of Louisville is created by it. This office owes its existence to the legis- 
lative action alone, and upon that it must depend. This Court, in the case of 
Gibbons v. Young, 2 Duvall, 440, has passed upon this identical question, and 
we perceive no reason for departing from it. Judgment affirmed.” 


Id., Section 113. 


Id., Section 114. 


Id., Section 119. 


TId., Section 120. 


The’ charter, 
act of March 8, 
1870. Sec. 8. 


470 


OFFICES AND OFFICERS. 


for one year, and until their successors are respectively 
qualified: One person as Wharfmaster; one as Phy- 
sician of the Eastern and one as Physician of the Western 
district; as many Marketmasters as may be prescribed 
by ordinance—not more than one for each market-house; 
as many sextons as may be prescribed—not more than one 
for each cemetery; two persons as inspectors and gaugers 
of liquors, oils, and other liquids; two persons as inspec- 
tors of flour; two persons as inspectors of pork, beef, lard, 
tallow, and butter; two persons as inspectors, weighers, 
and measurers of coal, wood, and lime; such number of 
persons as inspectors of brick-work and stone-work, car- 
penters’ work, painters’ work, plasterers’ work, iron-work, 
lumber, stone, and other materials for building, or other 
articles, as the General Council may deem proper. Five 
falls-pilots shall be elected by said Council upon joint 
viva voce vote, at such time as may be prescribed by ordi- 
nance, to serve for five years, and until their successors 
are qualified. Said Council shall prescribe the duties and 
fix the compemsation of the officers named in this Section; 
and before entering upon their duties they shall each 
enter into such bond and take such oath or affirmation as 
may be prescribed by ordinance. 


12. Said Council may prohibit any Inspector from deal- 
ing in the articles inspected by him. 

13. No person shall be eligible to any of these offices 
who is not at the time of his election a qualified voter of 
The City, and who has not resided therein three years 
preceding his election. ? 


14, When any officer elected by the General Council 
dies or vacates his office in any way, the vacancy shall be 
filled for the remainder of the term by said Council on 
joint viva voce vote. 

15. All officers or agents of The City in any of its de- 
partments, not herein required to be otherwise elected or 


3See Sections 18 and 19, following. 


OFFICES AND OFFICERS. 


appointed, shall be elected by the General Council upon 
joint v7va voce vote. 


16. Executive and ministerial officers of said City, un- 
less otherwise provided in this charter, shall be removable 
by the Board of Aldermen, sitting as a court under oath 
or affirmation, upon charges preferred by the Mayor or 
any two members of the Board of Councilmen, and in 
case Of the Mayor upon charges preferred by the Board 
of Councilmen. No person so tried shall be removed 
from office without the concurrence of two thirds of the 
Aldermen ; and when a person has been so removed from 
office he shall be ineligible thereto during the term for 
which he had been elected. 


17. In all elections by the General Council, as provided 
in this charter, such elections shall be by viva voce vote, 
ona call of thenames of the members, and the vote of each 
member voting shall be recorded in the proceedings or 
journals. - 


¥8. Any person, otherwise qualified, may be elected to 
any elective office of the government of The City of 
Louisville, who shall have resided in said City one year, 
and in the County of Jefferson five years next before such 
election. 


19. All laws and parts of laws requiring of such person 
other or greater residence in said City or county, and so 
far as inconsistent herewith, are hereby repealed. This 
act shall take effect from and after its passage. 


20. There shall be elected on the second Thursday in 
the month of November, 1885, and in every four years 
thereafter, by the General Council of The City of Louis- 
ville, in joint session, on viva-voce vote, a W harfmaster 
and Back-tax Collector (and all other City officers elected 
by the City Council). The present Wharfmaster and Back- 
tax Collector shall hold their respective offices until the 
election herein provided for; but each shall, at the end of 
the term for which previously elected, execute bond, with 
good sureties, conditioned for the faithful performance of 


471 


Id., Section 125. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
6,1884. Sec. 1. 


Td., Section 2. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved Feb. 
23,1882. Sec.1. 


Td., Section 2. - 


An act to 
umend an act 
establishing a 
new charter 
for The City of 
Louisville, ap- 
proved March 
83,1870. Ap- 
proved Feb. 2, 
1882. 


A Th 7 Ci aI: 
amend an act 
entitled An act 
establishing a 
new charter 
for The City of 
Louisville, ap- 
proved March 
38,1870. Ap- 
proved March 
Hi 1S82: 


OFFICES AND OFFICERS. 


the duties of their offices until the election herein pro- 
vided for. 


21, Every Wharfmaster and Back-tax Collector elected 
under the provisions of this act shall, before entering on 
the duties of their office, execute bond to The City of 
Louisville, with good and sufficient sureties, conditioned 
for the faithful performance of their duties. 4 


22. The term of office of Auditor of The City of Louis- 
ville is hereby extended to the first Tuesday in December, 
1885, and the term of office of said officer shall thereafter 
be four years. 


23. The terms of office of Receiver of Taxes and Trea- 
surer of The City of Louisville shall be, and are hereby, 
extended to the first Tuesday in December, 1885, and the 
terms of office of said officers shall thereafter be four 
years, and until their successors are qualified ; the present 
Receiver of Taxes and Treasurer, at the end of the term 
for which they are elected, shall execute bond, with gpod 
securities, conditioned for the faithful performance of the 


4This and the acts embraced in Sections 21, 22, 23, 24, 25 and 26 have 
been deemed unconstitutional by reason of their either increasing the salary 
or extending the term of present incumbents of offices. See the opinion of 
the City Attorney, presented at the request of the General Council, Novem- 
ber 6, 1883. A portion of this opinion is as follows: “In so far as these and 
kindred statutes attempt to extend the terms of office beyond the period for 
which their several incumbents were elected by the people, the statutes are 
each and all unconstitutional and void. In a late case, the Court of Appeals 
of Kentucky say: ‘The legislature has no power to appoint to office, or to 
continue in office, such officers as by the provisions of the constitution are 
made elective, and the attempt to exercise such a power by legislative enact- 
The Sixth Section of Article 6 
of the constitution is as follows: ‘ Officers for towns and cities shall be elected 
for such terms and in such manner and with such qualifications as may be 
prescribed by law.’ The several acts referred to, in so far as they attempt to 
continue in office the officers aforesaid for longer periods than they were 
elected for, are unconstitutional, and therefore void. But so much of the 
said acts as does not refer to the tenure of those in office at the time of the 
enactment, may be considered valid and of full force, and without further 
legislation may lead to many complications.” 

The opinion of the City Attorney has been regarded by the officers inter- 
ested, and the times of the elections remain us before the acts were passed. 


ment is in plain violation of its provisions.’ 


— SS” eS eos 


OFFICES AND OFFICERS. 


duties of their offices until the election herein provided 
for. Every Receiver of Taxes and Treasurer elected 
under the provisions of this act shall, before entering 
upon the duties of his office, execute bond to The City of 
Louisville, with good and sufficient securities, condi- 
tioned for the faithful performance of his duties. 

24. The present term of office of the Assessor of The 
City of Louisville is hereby extended until the first 
Tuesday in December, 1885, and until his successor 
qualifies, and the term of office of the Assessor of said 
City shall thereafter be four years. 

25. Section 29 of an act entitled ‘‘An act establishing 
a new charter for The City of Louisville,” is amended to 
read as follows: There shall be a principal Engineer for 
said City, who shall have power to appoint as many 
assistants and other employes as may be authorized by 
ordinance for the efficient management and conduct of 
this department. He shall be elected by the General 
Council by viva voce vote, in joint session, every four 
years, and shall hold his office until his successor has 
qualified. The next election shall take place in Novem- 
ber, 1885, and in the month of November every four years 
thereafter. All laws or parts of laws in conflict herewith 
are hereby repealed. 

26. The term of the office of the Chief Engineer of the 
Fire Department of The City of Louisville is hereby 
extended to November, 1885, and the election therefor 
shall take place every four years thereafter in the month 
of November, by a v/va voce vote of the General Council 
of The City of Louisville in joint session. The present 
incumbent of said office shall hold the same until his 
successor is elected and qualified. 

27. The salary of the Chief of the Fire Department 
shall be two thousand five hundred dollars per annw, 
to be paid in monthly installments, and the General 
Council of The City of Louisville shall pass an ordinance 
fixing the salary as provided for in this act, and said 
ordinance shall take effect from its passage. 


Aen 2.Ob GO 
amend an act 
entitled An act 
establishing a 


new charter 
for The City of 
Louisville, a p- 
proved March 
38,1870. Ap- 
proved Apr. 7, 
1882. 

A nane tito 
amend the 
charter of The 
City of Louis- 
ville. Approv- 
ed March 10, 
1882. 


An aet to 
amend an act 
establishing a 
new charter for 
The City of 
Louisville, ap- 
proved March 
3, 1870. Ap- 
proved March 
29, 1882. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Approv- 
ed April 21, 
1882. 


474 


OFFICES AND OFFICERS. 


Ordinance, 
approved June 
9,°1882. 


Ah, ordin- 
ance fixing the 
compensation 
of Assistant 
City Attorney, 
his term of 
office and de- 
fining his du- 
ties.= Approv- 
ed June 19 
1884. Sec. 1. 


Id., Section 2. 


Id., Section 8. 


Id., Section 4. 


An ordin- 
anceregulating 
the salaries of 
the officers and 
employes of 
The..Cityeot 
Lounigyiiie. 
Approved Jan. 
7, 1881. Sec.1. 


28. The salary of the Chief of the Fire Department, as 
provided in an act approved April 21, 1882, shall be two 
thousand five hundred dollars per annwmn, payable in 
monthly installments, the same to take effect from the 
passage of this ordinance. 


29. The salary of the Assistant City Attorney shall be 
fifteen hundred dollars per annum, payable in quarterly 
installments. 


30. It is made the duty of the Assistant City Attorney 
to bring and prosecute all suits for the collection of taxes, 
and on the first day of July in each year report to the 

ity Attorney all actions for taxes pending on that date, 
with the name of defendants, amounts sued for, form and 
nature of action, and name of court; also all judgments, 
dismissals, and collections made by suit or process; also 
a list of the bills which, under Section 7 of Article 2 of 
an act approved April 25, 1884, were ripe for suit on the 
first day of the preceding May and not yet sued upon, 
with his reasons for delay. 


31. The Assistant City Attorney shall perform such 
other services as the City Attorney may require. 
32. The term of office shall be for one year. 


33. The salaries of the City officers and employes from 
this date shall be as follows: 


FOR CITY OFFICERS. 
Mayor, per annum........ AUER TA PORE AR EV anAay Ott Bekah Da ey $5,000 00 
Judge City: Court wer Crier ces en Mf et ir cee ete well terete eee eee 1,500 00 
Mayor's Clerk, per amniitisr as o/h ste steve nee’ sgrentas tugctn) hela sept tetess 1,850 00 
City Attorney, per annum....... 4. freee cece seeeeenteteeee tense eeaeeeees 5,000 00 
City: ASSOksOF, DOF CMU sac scceoesqeevswaty<entterne geet anmarespa aps cup ecseredh 2,000 00 
Assistant ASSCSSOF, PET GNUIM sy ..c.csrccnessocaennectindces cosesesesenoscsseease 900 OO 
One clerk in Assessor’s OFF Ce, DET, ANNUM gn esccepsraondrasengret spemencsp nce 900 00 
City. Auditor er Gti aig cus snes ener teneuiees Sains neg ay ofa oath eden ty Sere 2,000 00 
Oity Preasurer, Per WWI cnes<s cigsa ne 84 onesie gs Ss aps aig sene se men nav vet 2,250 00 
City Book-keeper, per anmume...... «sceoccsecacces sereacoescerenceqsies ceancecms 1,700 00 
Clerk Board of Aldermen, per GnnUtd..ec.cceeger seeeeresccersctecesesegers 1,500 00 
Page Board of Aldermen, per meeting........ccce-ssrasenceorrstneses sence 1 50 
Clerk Board of Councilmen, per annum, i c.r0.snceas caste eveneceeenvanns 1,500 00 
Page Board of Councilmen, per meeting. .....-.;..0008 <2: sererseceetece 1 50 
Sergeant-at-arms, Per MeetING .....sps0s0zseqeerrgeacec -onmage ree gegtiesssartes 1 50 


——— 


OFFICES AND. OFFICERS. 


CITY HALL EXPENSES. 
Engineer in charge of heating department, per ani1171...... 002.0246 - $900 
Assistant Engineer, per month......... Sen Uubae in eget i ctee's don angnisn tng = yp 45 
MAMOtUMA AUC OGY TLL DOr THONGI. fa tysts: marcel cnereseny oh ty antes Sener knee 40) 
AMUSE CGE EMAL pe Me RUE NOUME osm xsagss sachakysirneraeun eit is <q-0s4indal gecaey bey 800 
Four assistant janitors, each, per anwar. .....cccecsersssviceresvesseane .. 860 
Taser preter Oily Court, Der Ot 1tlrb ssc... ese pe yawes nao cdatv eas Wie taade ees 400 

COUNTY INSTITUTION EXPENSES. 

SUM TRECs OT Se PROMI ILIIN ar er a. bess, bas Saison welch vane ugase tain gern eaee ee peteeeees $1,000 
aCe ATIOELIOT, WTS IIE Coc ced 20 << erase nay ea erastasdts iodene~unantaiwere 1,000 
Judge Circuit Court, per annum «.12...-.ctee¥eccees- pena meee Sa Peter ee 1,000 
wudee Common: Pleas Court, per anunys.-cve iver netsaconewty 05y nee yore LOOK 
Judge Jefferson County Court; per annum ..5.....6ceceee cps eeveeenoees. ge ag LO 
POUT G Ye N GROTTO, CAs EILTUIMI ECE AT Sorters dcynsh plo oes vip nose te soe ce opep ee keueas 885 
EAU HEOUE Ti et UL I LO UIIUITE ca dys fg bok tomes os Alec (sites fo he a oye thre as edo 1,000 

INCIDENTAL EXPENSES. 
expanse Portland Cemetery, er onnediiiss )5 oss sp en sepetaeccore besincecndayes $360 
Sexton Western Cemetery, per annum......... parts eet cera te ese ctade sabe Oa 

POLICE DEPARTMENT. 
Biel Ol” Gow, "neem CNIUIN, . deat sy ive. eae tens «case Peru rena AN $2,000 
PUM LOU LENT ESL GH C7" LUNIT ITED or tind chefs edihots senses hve oye he Sit oss sep ke 1,000 
pecond Lieutenants, per Grid cuss ecpeteces. 0) seescedesess Er cents 800 
One Chief Detective, per annum.............04. ERA Pre ert YET LSE 1,000 
PRG PGT AGE QU coke oe te. sated, ace teal ca, Oe dikes ye is cnechas cous 2 

FIRE DEPARTMENT 
Chief Engineer, per annum ....... Optus ear ae Beet es brad eoeatecd ue? $2,000 
Three Telegraph Operators, per day.............. A SRE ean emer 2 
EPROMRRDSITOR A OTA ce ete sin earl et soar Rabe N hale dew Peewenr Teheos 2 
pLesiat anh 1G FOpeITen per day a... 9555.5 ~fu-os-Ssveicsp gat siaces + ecbbeeee 2 
Foreman repair and harness shop, MODEL Be ORE EEO EERE OOF 800 
One assistant repairer harness shop, per day........cccssescccoeceeeee vaeees 2 
Engineers of Steamers, each per annwir ..2... 600.05 Peet ETN eto oe 1,080 
Assistant chiefs (captains) hook and ladder companies, each per day 3 
Captains of steamers, each per day... ......... 0004. MVE PL CTD MeO ET Fa 2 
Pipemen, each per day...... Bost sem Me wae tile hasten OAs de Se Se eet esc beth aedente occ 2 
Firemen, each per day...- 2.0... .sss00 ‘ oe a nT as Lee 2 
Drivers of hose carriages, each per day............. ES er EE BOO SE Re 2 
Ptepremen; anchperiday..:...lsc..0. scene el deae a ese Paasentias Voasmaee ds sats 2 
Laddermen, each. per day .......... cay Peis ee ates Pest apa gutls Sts, 2 2 
PAY-ROLL SINKING FUND. 
One Wharfmaster, per AMmnuni 's.. :..ipecbececeesscvccedioesedes yt Sede $2,400 
Two Market-masters, each per annwin......2..000+ AFC e aR Prt eure 400 
STREET-CLEANING DEPARTMENT. 

One Superintendent, per annum <3..5 co.cc cecdesy sacle seccoescesesecces 1,350 


One Clerk, DEP ORNUIN vers ids eae a a ee PER tT a EE Ce Mees be . 900 


OO 
00 


47) 


476 


OFFICES AND OFFICERS. 


Id., Section 2. 


An ordi- 
nance prescrib- 
ing the form of 
oaths to officers 
in general, ap- 
proved Oct. 26, 
1853. 


CITY ENGINEER'S DEPARTMENT: 


City Hugineer, per a7inwins .—. oe spepienaie Wan een eee caps tee eee tee $4,000 00 
Principal assistant, per annwm......... Be oe PO ce rie eS 1,600 00 
Ons first assistant er AWHin sensi e eee ce aee meee bee gain Pee teen 1,200 00 
One second assistant, per dpunuiiawdeonah eyccken cates oe toes eee meee 1,000 00 
One draughtsman, per annuim............ Sy ce nae eM ME ert tke 900 00 
One clerksiper 07niiiriiat tet sctos es tacos coat Ree ee es ete fro oe oe 1,300 00 
One léveler( per ani cscs ree ces a ee ak 2 Pee oe cae ee eee 800 00 
One. transit-man,; when in’service, per month..$:.: s.2...00..cstaesssneees 50. 00 
Rodmen, ‘when in-service, per months nls: oseetscee@ ee, nes em yeetn aes 40 00 
One street supervisor, CT ONT sv cs stan thes a iAP a es AE reco 1,000 00 
One superintendent of repairs, E. D., when in service, per day...... 3 50 
One superintendent of repairs, W. D., when in service, per day...... 3 50 


To be paid in monthly installments upon pay-rolls, as 
provided in Section 2 hereof. 


34, The foregoing sums shall be paid to the several 
officers and employes as follows, to wit: To the Police, 
Fire, Street-cleaning, Engineer’s, and Assessor’s depart- 
ments, upon monthly pay-rolls, certified by the head of 
each of said departments. To all other City officers and 
employes, upon a monthly pay-roll, except where the 
charter requires such salaries to be paid quarterly, when 
such salaries shall be placed on said pay-roll, and the 
same as the monthly pay-roll, shall be made out by the 
City Book-keeper and certified by the Mayor. 


39. Whenever an oath is required, it may be taken 
before and certified by any officer authorized by law 
to administer oaths, except when otherwise specially 
directed. 


36. The Mayor shall, whenever applied to, administer 
oath of office to executive officers of The City. 


37. In addition to the oath that may be specially 
required, each officer, before acting as such, shall make 
oath or affirmation in the form following, namely: ‘‘T, 
A B, make oath (or affirm) that I will perform the duties 
of the office of (describing the office) faithfully, and will 
support and abide by the constitution and laws of the 
United States and of the Commonwealth of Kentucky, 
and the charter and ordinances of The City of Louis- 
ville.”’ 


: 
: 


OFFICES AND OFFICERS. 


38. All officers required to execute bond shall do so 
according to the following forms, except when a penalty 
is fixed by the charter, and then in such penalty and in 
like form—to wit: ‘‘We bind ourselves to The City of 


Louisville, that shall faithfully discharge the 
duties of the office of ——————-_ according to law and 
ordinance.” | 


39. When no additional sureties are required by law or 
ordinance each officer shall give one or more sureties. 


40. The Mayor shall swear each officer that he will, 
with fidelity, discharge the duties of his office, and, in- 
dorsing that fact on the bond, shall transmit it to the 
Council for approval. 

41. Each officer, by accepting office, undertakes to per- 
form such duties as result from the nature of his office, or 
from law or ordinance, whether passed before or after he 
becomes an officer. 


42, No officer shall be or become interested, whilst in 
office, in any contract with The City, the making or exe- 
cution of which is connected with his official duty. 


48. Any violation of duty or failure to perform it shall 
be sufficient cause for the removal of an officer, and shall 
likewise be a breach of his official bond, whether s6 ex- 
pressed therein or not. ° 


44. Each officer or employe of The City of Louisville, 
on the termination of his official employment, whether by 
lapse of time, removal, or otherwise, shall immediately 
deliver to the Mayor, or to such other officer as may be 
authorized to receive them, all moneys, books, maps, 
badges, property, and papers of every description con- 
nected with his office or in his custody for The City. 
Any person violating the provisions of this ordinance shall 


5A clerk or mere employe of a City officer is not a City officer and is an- 
swerable for malfeasance or embezzlement to his employer, and the employer 
responsible to the City.—Snapp v. Commonwealth, Court of Appeals, June 14, 
1884. 


An ordi- 
hance prescrib- 
ing the bonds 
of officers, ap- 
proved Oct. 6. 
1858. 


An ordi- 
nance prescrib- 
ing the general 
obligations of 
officers, ap- 
proved Cote tye 
1855. 


Ordinance, 
approved Aug. 
24, 1876. 


478 


OFFICES AND OFFICERS. 


Ordinance, 
approved Mar. 
10, 1856. 


Ordinance, 
approved Noy. 
5, 1858. 


Ordinance, 
approved Feb. 
28, 1884. 


be fined not less than twenty nor more than twenty-five 
dollars for each offense. 


45, From and after the passage of this ordinance, the 
City Marshal and police officers of The City of Louisville 
shall not become security for any person who may be ar- 
rested for or convicted of any offense against the laws or 
ordinances of The City of Louisville, upon any bond which 
may be necessary to be given by such person, either for 
his appearance or for the payment of any fine which may 
be assessed against him, or recognizance of the peace; and 
for a violation of this ordinance, said Marshal, policemen, 
or other City officer, shall be deemed to have vacated his 
office. | 

46. Any person elected to any office by the Council shall 
qualify within ten days after being notified thereof, and 
on his failure to do so another person may be chosen in 
his place. 


47. Immediately after each election, the Mayor shall 
cause the persons elected to be duly notified thereof. 

48. All vacancies shall be filled by election of the Coun- 
cil, except in cases otherwise directed by the charter or by 
ordinance. 


49. The office hours of all officers of said City in the 
City Hall shall be from 9 A. M. to 3 P.M. 


fes”See ASSESSOR 
TIONS— ENGINEER—FIRE—GENERAL CouNnciILt— HEALTH — INSPECTION, 
WEIGHTS AND MEASURES— MA Yor— PoLIcE— RECEIVER OF TAX ES—SINK- 
ING FuND—TREASURER— WHARVES AND HARBORS. 


AvubDITOR—CITY ATTORNEY—Courts oF LAw—ELEc- 


—_ 


OE ————=<— 


CHAPTER XXXIV. 


POLICE. 


CONTENT S.. 


1. The Board of Police Commis- 
sioners established. 

2. The Board authorized and di- 
rected to elect a police force; number, 
grades, and term of office. 

3. The Mayor’s power to dismiss, 
and the right of appeal. 

4. Eligibility and qualifications of 
policemen. 

5. Void appointments and for- 
feiture of office. 

6. What is meant by “interfering 
in elections.” 

7. Applicants’ petition and accom- 
panying oath; newspaper publica- 
tion. 

8. Vacancies on the force. 

9. The Chief of Police; nomina- 
tion and term of service. 

10. Rules for the government of 
the force. 

11. The clerk to the Board of Com- 
missioners. 

12. The Chief prohibited from 
buying or controlling policemen’s 
claims. 

13. The Commissioners may be con- 
vened by the Mayor. 

14. Nomination and confirmation 
of lieutenants; the number and pay 
of lieutenants and policemen. 


15. Station-house keepers. 

16. Causes for dismissal from the 
force; the right of appeal to the 
Board of Commissioners. 


17. Arrests for bailable offenses; 
arrests may be made without warrant. 


18. Policemen prohibited from so- 
liciting business for lawyers. 


19. Violation of the statute made a 
misdemeanor. 

20. City police jurisdiction ex- 
tended to embrace the Louisville 
Jockey Club course and vicinity. 

21. Provision for the organization 
of the police force; officers and pa- 
trolmen constituting the force. 

22. Private policemen. 

23. Detectives. 


24. Uniforms of officers and patrol- 
men prescribed. 


25. How uniforms shall be paid 
for; certain requisites to be furnished 
by The City. 

26. The bond of the Chief of Po- 
lice. 

27. Monthly report of the Chief, 
and payment of salaries thereunder. 

28. Disability of policemen in the 
performance of their duty; salary to 
continue thirty days. 

29. Policemen required to give 
bond. 

30. Rank of the Chief of Detec- 
tives. 

31. Provision for the election of 
private policemen. 

32. Such to be elected only on pe- 
tition by responsible parties. 

33. Bond of private policemen; 
their oath, uniform, shield, control, 
and compensation. 


34. Incorporation of the Louisville 
Merchants’ Private Police and De- 
tective Agency. 

35, Corporate powers. 

36. Directors. 

37. Limitation of membership. 


480. 


POLICE. 


The charter, 
act of March 3, 
1870. Sec. 82. 


An act to 
amend an act 
entitled an act 
to amend an act 
entitled an act 
to amend the 
new charter of 
The City of 
Louisville, ap- 
proved Jan. 26, 
1882. Approv- 
ed Apr. 1, 1882. 
Sec. 1. 


Id., Section 2. 


38. Financial affairs. 45. General control. 
39. Principal office. ; , 
RE 44. Scale of prices for services. 
40. Officers. 
41. Police powers vested; conditions. | 45. Registry of arrests, etc. 
42. Badge of members. 46. Compensation. 


1. The Mayor, the president of each board, of the Gen- 
eral Council, and the chairman of the police committee 
of each board, shall constitute a Board of Police Commis- 
sioners for one year, without pay. | 


2. An act entitled ‘‘An act to amend the new City 
charter of The City of Louisville,’’ approved January 
26, 1882, is hereby so amended as to read as follows: 
That within the first ten days after the first day of Janu- 
ary, 1884, and every four years thereafter, the Board of 
Police Commissioners of The City of Louisville is hereby 
authorized and directed to elect a police force for said 
City, the number and grades to be as may be provided for 
by ordinance from time to time, whose terms of office shall 
expire four years from the date of such election, or when 
their successors are elected and qualified. In the mean- 
time all vacancies on said force shall be filled by election, 
to last until that date. 


3. The Mayor shall have full power to dismiss any 
policeman from the force for any cause he may deem 
sufficient, but such policeman may, within ten days there- 
after, appeal to the Board of Police Commissioners, and 
if the action of the Mayor be not sustained, such police- 
man shall be reinstated on the force. 


4. No person shall be eligible as a policeman or police 
officer who is not, at the time of his appointment, a citi- 
zen of the United States and of the State of Kentucky, and 
a resident of said City for three years next preceding his 
appointment, and who is less than twenty-four years of 
age, or who is not moral, sober, and sagacious, or who 
can not write the English language intelligibly, or who 
has been convicted of a felony, or who shall, after his 


POLICE. 


election or appointment, or while a member of said police 
force, interfere in any election further than to vote. 

5). The election or appointment of any person, as a 
policeman or police officer of said City, not possessing 
each and every qualification hereinbefore prescribed, shall 
be void, and the failure at any time after the election or 
appointment of such policeman or police officer to possess 
each and every qualification hereinbefore prescribed, or 
if he interfere in elections, within the meaning of this 
act, shall thereby render the office of said policeman or 
police officer vacant, and if he afterward continue to 
exercise the duties of said office he shall be indicted and 
tried in the Jefferson Circuit Court, and, upon conviction, 
fined in a sum of not less than twenty dollars nor more 
than one hundred dollars, and be ineligible as a member 
of said police force for five years thereafter: Provided, 
that nothing in this act shall prohibit the Mayor from dis- 
missing any of the police force for cause, for causes, or 
for any cause mentioned in Section 5 of an act amending 
said charter, approved March 21, 1871: And provided 
further, that upon dismissal for cause or causes therein 
by the Mayor, the party so dismissed shall be ineligible 


as a member of said force for one year thereafter. 


6. Any policeman or police officer aiding or assisting 
any candidate for office, by advice or counsel, or other- 
wise, or counseling or advising against such candidate, or 
advocating or discussing the merits or demerits of such 
candidate, or soliciting any person to vote for or against 
such candidate, shall be guilty of interfering in elections, 
within the meaning of this act. 


7. The petition of each applicant to become a member 
of the police force shall be signed by the petitioner him- 
self, accompanied by the following oath, wholly written 
and subscribed and sworn to by the applicant: ‘‘I do 
solemnly swear that I am a citizen of the United States 
and of the State of Kentucky; that I have resided for 
three years next preceding my application to become a 


member of the police force in The City of Louisville; 


31 


481 


\ 


Id., Section 8. 


Id., Section 4. 


Id., Section 5, 


482 


POLICE. 


Id., Section 6. 


The charter, 
act of March 
3, 1870. Sec. 
34. 


Td., Section 35. 


that Iam not under twenty-four years of age; that 1 can 
read and write the English language intelligibly; that I 
have never been convicted of a felony. I further swear 
that I will not at any time, while a member of the police 
force, interfere in any election further than to vote. I 
further swear that I will at all times do and perform 
my duty as a member of the police force of said City so 
long as I remain a member thereof, to the best of my 
ability. I further swear that my habits are moral and 
sober, and that this obligation has been wholly written 
by me, without aid or assistance. So help me God.” 
Which petition and oath shall be filed with the Mayor, 
and the names of all the petitioners shall be published in 
at least one issue of some newspaper published in said 
City, including the papers published on Sunday, before 
the Commissioners shall act on the same, and it shall not 
be necessary to refer the same, or have the same read 
before the General Council. 


8. The Board of Police Commissioners shall from time 
to time, subject to the provisions and regulations herein 
contained, elect policemen to fill such vacancies as may 
occur, but such elections shall be only for the unexpired 
time from the date of such election to the next quadren- 
nial election of said police force. 


9, At the annual session of the Police Commissioners 
the Mayor shall nominate a Chief of Police, for their con- 
firmation or rejection, to serve for one year, and until his 
successor is qualified. 


10. The whole force shall be governed by rules to be 
prescribed by the Mayor, not contrary to law or ordi- 
nances. 


11. The clerk of the Mayor shall be clerk to the Police 
Commissioners and to the Chief of Police. 


12, The Chief shall not directly or indirectly purchase 
or in any way obtain control of the claims of any police- 
man for his pay, or any part thereof; if he do, the Mayor 
shall at once dismiss him from office. , 


on 


Ce on 


4 


tp ee <a te Se OO 


POLICE. 


13. The Mayor may convene the Police Commissioners 
at any time for the purpose of filling vacancies, or attend- 
ing to any other business in the scope of their authority. 
Vacancies shall be filled by said Commissioners for the 
unexpired term vacated. 


14, The Mayor shall nominate the lieutenants from the 
regular police for confirmation by the Commissioners. 
The number of lieutenants and policemen and their pay 
shall be fixed by ordinance. 


15. The Mayor and Chief of Police shall detail from 
said force station-house keepers, and prescribe their 
duties by rules not in conflict with law or ordinance. 


16. That Section 1 of said act, approved the third of 
March, 1871, be and the same is so amended as to read as 
follows, to wit: The Mayor shall dismiss any of the 
police force for intermeddling with or directly or indi- 
rectly taking part in elections further than to vote; for 
intentionally omitting or failing to perform any duties 
incumbent upon him as a policeman ; for wanton breaches 
of law or ordinance, or the rules for the government of 
the police ; for the neglect of his family ; or for any other 
cause which he may deem sufficient. But any policeman 
so dismissed may appeal! to the Board of Commissioners, 
and if the action of the Mayor be not.sustained the Com- 
missioners may restore said policeman to his place. ? 


1Within ten days; see section 8, preceding. 


2The unreported opinion in Robinson v. City of Louisville, decided Decem- 
ber 6, 1881, is as follows: 

“The appellant was elected as policeman of The City of Louisville for 
three years from the nineteenth of January, 1878, and having been commis- 


' sioned, as required by the City charter, proceeded to discharge the duties of a 


policeman. On the twenty-first of January, 1879, the Mayor of The 
City issued an order dismissing him from the police force, in the following 
words: ‘For cause which I deem sufficient, you are hereby dismissed from 
the police force of The City of Louisville. (Signed), Joun G. BaxTEr,’ 
and addressed to appéllant. The appellant filed his petition against The 
City, alleging his removal without cause, and seeks to recover pay due him as 
a member of the police force organization, averring that he was at all times 
in readiness to discharge his duties, and so notified the Chief of Police, and 


483 


Id., Section 36, 


Id., Section 87. 


Id., Section 38. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
21, 1871. Sec. 
5, 


484 


POLICE. 


The charter, 
act of Mar. 3, 
1870. Sec. 40. 


An act to 
amend an act 
entitled An act 
establishing a 
new charter 
for The City of 
Louisville, ap- 
proved Mar. 3, 
1870, prohibit- 
ing policemen 
and police offi- 
cers of said 
City from in- 
terfering with 
or soliciting 
the employ- 
ment of coun- 
sel or attorneys 
at law in cases 
and prosecu- 
tions, etc. Ap- 
proved March 
18, 1882. Sec. 
a 


Id., Section 2. 


17. Persons arrested for any bailable offense shall be 
placed in a station-house, if necessary for safe keeping, 
until taken before the City Court of Louisville for trial, 
which shall be done at the earliest moment. When said 
City Court is not in session, in cases of misdemeanor bail 
may be taken by any Justice of the Peace, and in cases 
of felony by any two Justices of the Peace. Policemen 
may, with or without a warrant, arrest persons guilty of 
offenses against the laws or ordinances of The City. 


18. It shall be and is hereby unlawful for any police- 
man or police officer of said City to directly or indirectly 
interfere with or solicit the employment of counsel or any 
attorney-at-law, either in the prosecution or defense of 
any case, prosecution, or claim, or cause of action pending 
in any court, or in the prosecution or defense of any 
matter, or claim, or cause of action or prosecution. 


19. Any policeman or police officer violating the provi- 


denying the right of the Mayor to remove him without cause. He further 
alleges that no cause was assigned for his dismissal, and none in fact existed. 
By Section 82 of the City charter ‘the Mayor, the president of each Board 
of the General Council, and the chairman of the police committee of each 
Board constitutes a Board of Police Commissioners, with the power to elect 
the police force. In Speed § Worthington v. Crawford, 3 Met., 207, an effort 
was made to organize a police force through the judiciary in some way, and 
the Court of Appeals in that case held that it was a violation of that consti- 
tutional provision which required that all officers of cities and towns should 
be elected. They held that an election by this Board of Commissioners was 
an election within the spirit and meaning of that constitutional provision, 
and therefore that the appellant in that case had been lawfully, legally, and 
constitutionally elected to office. By Section 39 of the charter, the Mayor is 
empowered to dismiss any member of the police for intermeddling with or 
directly or indirectly taking part in elections further than to vote, for failing 
to perform any duties imposed upon him as a policeman, for neglect ‘of his 
tamily, or for any other cause he may deem sufficient. It is urged in argu- 
ment by counsel for The City that under this general power of removal the 


- Mayor can, without making any specific charges against the accused; and by 


appellant’s counsel, that his client is entitled to know the nature of the com- 
plaint made, that he may have an opportunity of disproving it. It is not 
necessary for the court to pass upon this question, as an examination of the 
other provisions of the City charter satisfies us that the appellant’s remedy is 
by an appeal to the tribunal created by the charter for hearing such com- 
plaints, and not to the courts of the State.” 


POLICE. 


485 


sions of this act shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in a sum of not less 
than twenty nor more than two hundred dollars, and the 
office of said policeman or police officer shall be declared 
vacant by the Court before which the conviction is had. 
Nothing in this act shall prohibit such policeman or police 
officer employing counsel and attorneys in cases and mat- 
ters affecting themselves and families. 


20. The police jurisdiction of The City of Louisville is 
hereby extended to embrace the grounds now occupied by 
the Louisville Jockey Club, and one quarter of a mile 
adjacent to said grounds: Provided, that the Jockey Club 
shall pay The City of Louisville for the services of said 
police on their grounds. 


21. In accordance with the provisions of the charter of 
said City, a police force shall be elected and organized by 
the Board of Police Commissioners, to consist of one 
Chief ; five first lieutenants, one of whom shall be assigned 
to duty as assistant to the Chief, with brevet rank of 
captain ; eight second heutenants, and one hundred and 
ninety policemen, of whom not more than twelve shall be 
mounted; and twelve shall be supernumerary policemen, 
who shall be placed on duty only during the absence 
or sickness of any of the regular policemen, unless 
ordered on duty by the Mayor, and shall receive pay 
only for time in which actual service is rendered. Said 
supernumerary policemen shall be designated as such at 
the time of election. 


22. And, in addition to this force, such private police- 
men as may be appointed, in accordance with an ordinance 
approved August 23, 1873, to provide for the appoint- 
ment of private policemen. They shall possess all the 
qualifications of the City police, and take the same oath, 
and serve without pay from The City. They shall wear 
a shield on the left breast, with the words ‘‘ Private 
Police”’’ lettered thereon, and a designated number from 
the office of the Chief of Police. 


An act to 
extend the po- 
lice jurisdiction 
of The City of 
Louisville over 
the grounds of 
the Louisville 
Jockey Club 
and one fourth 
of a mile ad- 
jacent thereto. 
Approved Jan. 
26, 1882. 


An ordi- 
nance to organ- 
ize a police 
force in The 
City of Louis- 
ville. Approv- 
ed Feb. 7, 1884. 
Sec. 1. 


486 


Id., Section 2. 


Id., Section 3. 


POLICE. 


23. The Mayor and Chief of Police shall have the 
power to detail from policemen, to be approved by a 
majority of the Commissioners, five persons to act as 
detectives—one of whom, at the discretion of the Mayor, 
may be detailed to act as chief of detectives; and these 
officers shall not be required to wear any uniform or 
badge of office at all. 


24. The police force shall be uniformed as follows: The 
Chief of Police shall wear a uniform like that of « colonel 
in the regular army of the United States, a metal shield 
of gold or gilt, with the words ‘‘Chief of Police”’ en- 
eraved thereon, which shield he shall wear on the left 
lapel of his coat. The Heutenant assigned to duty as 
assistant to the Chief, and breveted as captain, shall wear 
the same uniform as the Chief of Police, with the excep- 
tion of shoulder-strap, which shall be those prescribed 
in the regulations of the United States army for captains ; 
on left lapel of coat shall wear a gilt or gold shield with 
the words ‘‘Police Captain’? engraved thereon. The 
other first and second lieutenants shall wear the same 
uniform as the Chief and captain, with shoulder-strap 
same as those prescribed for first and second lieutenants 
in the United States army, with a star surrounded by a 
circle on the left lapel of his coat, with the words ‘‘ Police, 
First [or Second] Lieutenant,’’ engraved thereon, accord- 
ing to the rank. Policemen shall wear from about the first 
day of June until the first day of October in each year 
the precise time to be fixed by order of the Chief of 
Police—the following dress, to wit: A blue flannel yacht 
cloth sack-coat, and pants and vest of the same material— 
the coat of the patrolman to be a single-breasted sack 
with short turn-over collar, to button close up to the chin, 
with five buttons on the front—no pockets to show on the 
outside. Vest single-breasted, with six buttons placed 
at equal distance; and the pantaloons to be made as 
winter pantaloons, and hat or cap to be prescribed by the 
Mayor and Chief of Police; and upon which shall be 
worn a metallic wreath encircling the number assigned to 


ee 


POLICE, 


each policeman by the Chief; and shall wear belt and 
baton when ordered by the Chief, and shall wear a white 
shirt collar and a black necktie. Hach policeman, except- 
ing the Chief of Police, heutenants and detectives, shall 
wear a star within a circle upon the left lapel of his coat, 
with the words ‘‘ Police’’ and the designated number en- 


_graved thereon. And from about the first day of October 


in each year—precise time to be fixed by order of the 
Chief of Police—they shall wear a navy-blue cloth coat, 
single-breasted, nine buttons on the breast, two buttons 
on the hip, two buttons on the bottom of each pocket, and 
three small buttons on the under seam of the cuffs; pants 
to be made of the same material as the coat; white 
shirt collar and black necktie. They shall also wear a 
uniform overcoat of dark blue cloth when required, and a 
hat or cap and star, wreath, number, belt and baton, as 
above prescribed. The button on the coat and overcoat of 
the lieutenants and policemen shall be the police button. 


25. The uniform here prescribed shall be paid for and 
furnished, except the buttons, star, wreath, number, belts, 
and baton, by the officers and policemen themselves. 
The buttons, stars, wreaths, belts, and baton shall be 
furnished by The City, and when any of said officers shall 
cease to be an officer under the charter and this ordinance, 
they shall be returned to the Chief of Police. Each 
officer shall procure and furnish himself with the pre- 
scribed uniform within twenty days from the time of his 
election. 


26. The Chief of Police shall, before entering upon the 
discharge of his duties, enter into bond with good security, 
to be approved by the General Council, conditioned for 
the faithful discharge of the duties imposed upon him 
by law. 


27. It shall be the duty of the Chief of Police to make 
a full and complete report to the first regular meeting of 
the General Council in each month, of the persons on duty 
in the preceding month, the number of days each per- 


487 


Id., Section 4. 


Id., Section 5. 


488 


Id., Section 6. 


Id., Section 7. 


Ordinance, 
approved Mar. 
29, 1883. 


An ordi- 
nance provid- 
ing for the 
election of pri- 
vatepolicemen. 
Approved 
Aug. 28, 1873. 
Sec. 1. 


Id., Section 2. 


POLICE. 


formed duty, and the amount due to each, and such other 
expenses as have been incurred during the month. Said 
report shall be made under oath. Upon approval by the 
General Council of such report, it shall be the duty of 
the Auditor to draw his warrant therefor, as provided in 
Section 6 of an ordinance approved February 27; 1877, 
describing the manner in which claims against The City 
of Louisville shall be made. 


28. In case any patrolman of the police force shall be 
disabled by either accident or casualty, while in the per- 
formance of his duty as policeman, his salary shall be 
continued for the period of such disability: Provided 
such amount shall not exceed payment for thirty days; 
and provided that the same shall be indorsed by the Chief 
of Police. 


29. No policeman shall be placed on duty until he 
shall have entered into bond for the faithful performance 
of his duty. 


30. The chief of the detectives of the police force, as 
organized under the City charter and the ordinance ap- 
proved January 6, 1872, shall have the rank and pay of 
first lieutenant of police. 


31. In addition to the police force provided to be 
elected under the provisions of an ordinance entitled 
‘An ordinance to organize a police force for The City of 
Louisville,’’ approved January 6, 1872, the Board of 
Police Commissioners may elect as many private police- 
men from the number petitioned for as said Board may 
deem necessary, to serve for one year, unless sooner dis- 
missed for causes satisfactory to the Mayor—they to 
have the same power and authority to make arrests as 
regular policemen. 


32. The Board of Police Commissioners shall be, and 
are hereby, limited in electing private policemen to such 
as are. petitioned for by responsible parties; and said 
petition shall set forth the necessity for such an officer, 


POLICE. 


and the locality where such private policeman is desired 
to serve. 

33. The private policeman thus elected shall give bond 
with good security, to be approved by the General Coun- 
cil, and take the same oath required to be taken by the 
regular police force; shall wear such uniform as the 
Board of Police Commissioners may from time to time 
direct, and shall wear a metal shield on the left lapel of 
his coat, with the inscription ‘‘ Private Police”? and a 
number, and shall, when called on, promptly obey all 
orders from either the Mayor or the Chief of Police; but 
as the private police force is to consist of such only as 
are petitioned for—are elected to serve the individual 
interests of the petitioners—The City of Louisville shall 
in no case pay or become liable to pay said private police- 
man for his services. 

34. Joseph H. Browning, Michael Hanlon, Daniel Long- 
aker, Alfred H. Johnson, Thomas J. Horton, and William 
T. Ernest, their associates and successors, are hereby in- 
corporated and made a body politic and corporate under 
the name and style of the Louisville Merchants’ Private 
Police and Detective Agency. 

30. The said Company may, by or under its corporate 
title, make and use a corporate seal, which it may alter 
or renew at pleasure, and may sue and be sued, plead 
and be impleaded, contract and be contracted with, and 
make by-laws, rules, and regulations, consistent with the 
existing laws of the State for the government of all under 
its authority, the management of its estates and proper- 
ties, and the due and orderly conduct of its affairs. 


36. The first-named persons in this act shall constitute 
the first board of directors of the Company and shall re- 
main in office until the first regular meeting of the mem- 
bers thereof. At such first meeting, and at every annual, 
so many directors may be elected as may be prescribed 
by the by-laws and regulations of said Company, and 
shall continue in office until their successors are elected 
and qualified. 


489 


Id., Section 3. 


An act to 
incorporate the 
Louisville 
Merchants’ 
Private Police 
and Detective 
Agency. Ap- 
proved March 
8, 1884. Sec. 1. 


Id., Section 2. 


Id., Section 38. 


490 


POLICE. 


Id., Section 4. 


Id., Section 5. 


Id Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


37. The membership of said association shall at no time 
exceed forty in number. 


38. The expenses and debts of said corporation shall 
be paid out of a fund to be realized from initiation fees 
and dues, the amount of which shall be prescribed by the 
by-laws, but the private property of members shall not 
be liable for corporate debts. 


39. The principal office of said Company shall be in 
Louisville, Kentucky. 


40. The names of the officers of said corporation and 
the duties of each shall be prescribed by the by-laws. 


41. The power of arrest, as possessed by police and 
detectives in The City of Louisville, is given to the mem- 
bers of said’ Company, with the power also to imprison 
the party or parties arrested in any jail or station-house 
in this State, to remain until released by bail or otherwise 
by the proper State or municipal authorities: Provided, 
however, that no member of said Company shall be so 
authorized to make arrests until he shall have first given 
bond before the Clerk of the County Court of Jefferson 
County, Kentucky, with good security to be approved by 
the Judge of said County Court, and shall have been 
duly sworn in by the said Judge to faithfully perform 
the duties of his office, nor until he shall have received 
from said Clerk a certificate signed also by said Judge, 
to the effect that these requirements have been complied 
with ; for the issuing of which certificate the said Clerk 
shall be allowed a fee of fifty cents, to be paid by the 
applicant. Said party and his bondsman shall be person- 
ally lable for any and all his wrongful acts. No one who 
has been convicted of a felony and not pardoned shall 
become a member of this society. And all members 
shall be able to read and write the English language 
intelligently. | 

42. Said corporation may adopta badge, to be worn by 


the members, and the Mayor and Jailer and County 
Judge in Louisville, in Jefferson County, shall be noti- 


POLICE. 


fied of the adoption of said badge and the nature thereof ; 
and any person who shall falsely represent himself to be 
a member of said company, by badge or otherwise, shall 
be punished by a fine of not less than twenty-five nor 
more than fifty dollars. 


43. The members of said company shall be under 
the charge and direction of their own officers, and upon 
indictment and conviction shall be liable to a fine of not 
less than twenty-five nor more than two hundred dollars 
for any violation of any of the provisions of this act. 


44. Said corporation may adopt a scale of prices and 
charges for their services, to be collected from the party 
or parties employing them. 


45. Every arrest made by any officer of this corpora- 
tion shall be registered with the jailer or station-house 
keeper with whom imprisoned, in the county where 
such arrest is made, within a reasonable time thereafter, 
giving name of party arrested, charge against him, and 
name of arresting officer. | 


46. No part of this act, directly or indirectly, is in- 
tended to make the State of Kentucky, or any county, 
city, or town therein, in any way liable for any salaries 
or fees whatsoever, it being expressly intended that said 
company shall be compensated for all services rendered 
by the party employing them. 


Ra@S"See BOUNDARY AND SUBDIVISION—-CORPORATE PowERS—COURTS OF 
LAw—Fints AND MISDEMEANORS—GENERAL CounciL— LICENSE— 
OFFICES AND OFFICERS. 


For willful negligence of policemen, appointed by The City, in making ar- 
rests on charges of felony, The City of Louisville is not responsible.—Pollock’s 
Administrator v. Louisville, 13 Bush, 221. In arresting for felonies, policemen 
act as the officers of the commonwealth, and not as the agents or servants of 
The City.—Jb. A municipal corporation represents the commonwealth, and 
municipal officers while engaged in those duties which relate to the public 
safety and the preservation of public order, are the servants of the State.—J)d. 
The provision in the City charter of Louisville that policemen may, with or 
without a warrant, arrest persons guilty of offenses against the laws or ordi- 


491 


Id., Section 10. 


Td., Section 11. 


Id., Section 12. 


Id., Section 13. 


492 


POLICE. 


nances of The City, was not intended to give further power to peace-officers 
or vary from the General law, even if it could constitutionally be done.— 
Jamison v. Gaernett and others, 10 Bush, 221, Policemen of The City of 
Louisville are not entitled to pay for attendance as witnesses for the common- 
wealth in the City Court; they are prevented from doing so by an act of the 
State legislature establishing a police department for The City.— Ex parte 
Herrick, 78 Ky., 23. A peace officer has the right and it is his duty to arrest 
one who is committing a breach of the peace in his presence, and to use such 
force as may be necessary to effect the arrest— Fleetwood v. Commonwealth, 
decided by the Court of Appeals Jan. 5, 1882. The law of self-defense as ap- 
plicable to rencounters between private persons, does not apply in case of a 
rencounter between a private person and a peace officer unless the person 
resisting the arrest has reasonable grounds to believe, and does believe, that 


the officer is not acting in good faith in the attempt to arrest, but ig using his 


official position to gratify personal feeling against the person sought to be 
arrested, and that by submitting to arrest he will be in danger of great bodily 
harm or of losing his life—Jd. If an officer in the proper discharge of his 
duty attempt to make an arrest or to quiet a disturbance, and is killed by one 
resisting, the killing will be murder if the person doing the killing knew the 
officer was a conservator of the peace; but if the person doing the killing be 
not aware of the official character, the offense is manslaughter.— Mockabee v. 
Commonwealth, 7S Ky., 380. Where an officer of the law attempts to make 
an arrest under a defective warrant, the person attempted to be arrested has 
no right to avoid arrest by killing the officer, who may be ‘acting in good 
faith-under the warrant; such a killing is murder, not manslaughter.— Alsop 


v. Commonwealth, decided by the Court of Appeals, Dec. 16, 1882. 


remo CE Re XX Vi, 


PUBLIC BUILDINGS AND GROUNDS. 


CeO A BANS 


1. Janitors and engineer of the ; County Court-house. 
City Hall; duties. 5. Louisville City Hospital. 


post bly pay toll. 6. The dumping or deposit of garb- 


8. Baxter Square named, age, etc., on certain public grounds 
4. The Louisville and Jefferson | forbidden. 


? 


1. The Mayor be, and he is hereby, authorized to em- 
ploy a sufficient force to clean and Keep in order the City 
Hall. Heis also authorized to continue the employment 
of the present engineer in charge of the engines, water- 
pipes, gas-pipes, efc., and to employ such force as may 
be necessary to keep the entire building in proper order. 
He may assign to each employe his duties, and shall 
have full power to discharge any or all of said employes 
for any cause to him satisfactory, and report the same to 
the General Council. 


2. A monthly report shall be made to the General 
Council, showing the name and wages agreed to be paid 
each employe, and when said report is approved, the 
sums allowed by the General Council shall be paid out of 
the appropriation for City Hall. 


3. The square belonging to The City of Louisville, 
bounded by Eleventh Street on the east, Green Street on 
the south, Twelfth Street on the west, and Jefferson Street 
on the north, is hereby called, known, and named Baxter 
Square, in honor of our present Mayor. 


An ordi- 
nance provid - 
ing for the em- 
ployment of a 
sufficient force 
to clean and 
keep in order 
the City Hall. 
Approved 
Sept. 6, 1878. 
ecw: 


Id., Section 2. 


Ordinance, 
approved Noy. 
4, 1880. 


494 


PUBLIC BUILDINGS AND GROUNDS. 


Ordinance, 
approved Oct. 
12, 1860. 


Ordinance, 
approved May 
27, 1862. 


4. If any person shall use any part of the Louisville 
Court-house, or the yard enclosed therewith, as a privy 
(except the privies or water-closets thereon), the person so 
offending shall be fined not less than five doNars nor more 
than ten dollars. If any person shall deface, break, or 
injure any part of said building, or any of the fencing 
around the yard, the person so offending shall be fined 
not less than five nor more than twenty dollars. All 
persons, in passing through or about the Court-house 
yard, shall be required to pass along the pavements and 
walks laid out thereon, and any person or persons who 
shall, by walking across the yard otherwise than upon 
the pavements and walks, or who shall climb the fence, 
or who shall injure, break, disturb, or molest the trees, 
shrubs, or grass, or any other thing put thereon, shall be 
fined not less than two nor more than ten dollars. If any 
of the before-named offénses be committed by a slave, 


such slave shall be confined in the jail until such fine is 


paid, and if committed by a minor, the parent or guardian 
of such minor shall pay the fine. 


5. If any person shall deface, break, or injure any part 
of the Louisville City Hospital, or any of the fencing 
around the yard, the person so offending shall be fined 
not less than five nor more than ten dollars. All persons 
in passing through and about the hospital yard, shall be 
required to close the gates and to pass along the pave- 
ments and walks laid out thereon. Any person or. per- 
sons who shall, by walking across the yard, otherwise 
than upon the pavements and walks, or who shall climb 
the fence, or shall injure, break, or disturb the trees, 
shrubs, flowers, grass, or any thing placed thereon, or 
shall let any horse, cow, or any other animal into said 
yard, shall be fined not less than five nor more than 
twenty dollars. If any of the before-named offenses be 
committed by a slave or by a minor, the owner of such 
slave and the parent or guardian of such minor shall pay 
the fine. Should the superintendent of the hospital at 


-any time see any one violating the provisions of this 


PUBLIC BUILDINGS AND. GROUNDS. 


ordinance, he shall cause the person so offending to be 
expelled from the hospital grounds, and for this purpose 
he may summon to his assistance the resident graduates, 
nurses, and inmates of said hospital, or the day-watchman 
of the ward in which the hospital is located. 


6. It shall be unlawful for any person to haul or deposit 
or dump on the grounds purchased for a City basin, and 
situated between Eleventh and Thirteenth Streets and 
Monroe Street and the Canal, any garbage, ashes, earth, 
or any other substance whatever. Any one violating this 
ordinance shall be fined ten dollars for each offense. 


fes> See CHARITIES AND CoRRECTIONS—FINES AND MISDEMEANORS— 
FEDERAL RELATIONS—CouNTY RELATIONS—MARKETS—SCHOOLS. 


Ordinance, 
approved Nov 
4, 1874. 


CHAPTER XXXVI. 


PUBLIC WAYS. 


CONT EN ei 


1. What are public ways; exclu- 
sive control of them; what are im- 
provements of public ways; how 
improvements are to be made. 


2. Original construction; cost of 
the improvement; how and by whom 
paid; manner of apportionment. 


3. A lien upon adjacent property 
created and interest allowed on un- 
paid costs of original improvement 
of public ways, reconstruction of side- 
walks, and of digging and walling of 
public wells and cisterns; how such 
lien may be enforced in a court of 
law; rule as to passage of ordinances 
for such improvements. 


4. Cost of making sidewalks; how 
apportioned. 


5. Improvements by property- 
owners on permission of the General 
Council. 


6. Attested copies of certain papers 
to be conclusive proof in actions at 
law in respect to some things and 
prima facie evidence as to others; 
right of redemption to exist two years 
from the date of the order of court 
confirming sale. 


7. Apportionment warrants; pro- 
visions for their issuance, registration, 
etc. 

8. The repairing and cleaning of 
public ways and making of footway 
crossings. 

9, Eastern and Western Districts 


created for the purpose of assessment 
for reconstructing carriage-ways. 


10. The street-improvement com- 
mittee created; + duties. 


11. Power of the Council in refer- 
ence to repairing and cleaning public 
ways. 


12. The City divided into Eastern 
and Western Districts for the pur- 
poses of repairing public ways and 
making crossings. 

18. Such work in each district to 
be let to the lowest bidder; form and 
nature of proposals. 

14. Regulation of contracts. 


15. The amount and character of 
work to be determined by Council 
resolution. 


16. The assessment of expenses. 


17. Existing contracts not affected 
by this law. 


18. Gas and water pipes, private 
drains, etc., to be laid before the recon- 
struction of a street, upon ten days’ 
notice. 


19. Notice of intended construction 
to be given to gas and water compa- 
panies and property-holders by the 
Engineer. 


20. Excavations in public ways to 
be inclosed. 


21. Excavations adjoining public 
ways regulated. 


22. Digging or removing sand, 
gravel, stone, or earth from public 
ways prohibited; fine. 

23. Injury to public ways from 
adjoining excavations to be repaired 
by the person making such excava- 
tions; fine. 

24. All vaults and other excava- 
tions in public ways to be arched in 
and securely covered; fine. 


PUBLIC WAYS. 


497 


25. Holes and excavations in pub- 
lic ways to be repaired within a day 
after completion of work. 


96. Fine for violation of 20 and 21. 


27. Unlawful to leave vehicles on 
sidewalks during night-time. 


98 Unlawful for beasts or vehicles 
to go upon sidewalks, | 


29. Unlawful to occupy sidewalks 
for horse-shoeing or wheel-tiring. 

30. Unlawful to place any building 
or erection upon a sidewalk. 


31. Unlawful to inclose a sidewalk 
or a part thereof, except as permitted 
by ordinance. 


32. Unlawful to place or keep ona 
sidewalk any wood, coal, lime, sand, 
evc. 

33. Unlawful to dig, break, dis- 
place, or injure pavement or curbing. 

34. Displacement or injury to pave- 
ments and sidewalks for the purpose 
of private improvements to be re- 
paired within a day after the work is 
completed. 


35. Bricks, stone, dirt, sand, etc., 
placed on sidewalks during improve- 
ments to be removed within-a day 
after the work is completed. 


36. Such brick, stone, dirt, efc., 
placed upon a street or alley to be 
removed within three days after the 
work is completed. 


or 


37. Unlawful to occupy a sidewalk 
for vending articles. 

38. Unlawful to throw or pour or 
permit to run, or cause to be run, over 
a sidewalk, any slop, filthy water, 
offal, ete. 

39. Unlawful to place or throw on 
a sidewalk filth or offal, peels, skins, 
rinds, ete. 

40. Three feet next the property 
line or next the curb allowed for dis- 
playing goods. 

41. Unlawful to leave a vehicle or 


other obstructions in the streets day 
or night. 


42. Only one-third of a_ streets’ 
width may be used during the im- 
provement of adjoining lands. 

43. Sidewalks may be used in ship- 
ping or receiving goods and merchan- 


dise, provided a passage-way be kept 


open. 

44. Unlawful to allow water to flow 
from drain and other pipes upon or 
Into a way during the construction, 

52 


repairing, or reconstruction of such 
way. 

45, Fine for violation of ordinance. 

46. Effect of ordinance on previous 
laws. 

47. Unlawful for three or more per- 
sons to congregate on streets or side- 
walks so as to obstruct passage. 

48. Fine for violation of ordinance. 

49. A Street-cleaning Department 
established; officers and employes; 
compensation. 

50. Employment by contract of 
drivers, carts, and teams, and the use 
thereof, under the Mayor’s direction. 

51. The Mayor’s control over the 
street-cleaning force. 

52. The Supervisor of street-clean- 
ing to execute bond. 

53. Duties of the Supervisor. 

54. Scavenger districts. 

55. City garbage-carts to go their 
rounds at regular periods and remove 
garbage. 

56. Times at which carts shall tra- 
verse each district. 

57. Garbage boxes. 

58. Duties of policemen with re- 
ference to garbage and its removal. 

59. The sprinkling of streets. 

60. Leakage and waste in taking 

yater from fire-plugs; regulation of 
tubes, orifices, ete. 

61. To sprinkle streets without 
license a misdemeanor. 

62. More than one party not to 
sprinkle the same square. 


63. Sprinkling regulated. 

64. The sprinkling tube; excessive 
sprinkling, causing mud and pools of 
water, prohibited. 

65. The ordinance not applicable 
to private sprinkling with hose. 

66. Regulation of the sprinkler- 
tube and orifices. 

67. Violations of the ordinance. 


68. Time at which certain provi- 
sions shall take effect. 

69. The in fencing of excavations 
and the lighting of obstructions in 
the streets. 


70. Violation of the ordinance a 
misdemeanor. 


71. The cost of improving public 
ways; apportionment and lien. 


498 


PUBLIC WAYS. 


———EEE 


A Be CLO 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
24,1882. Sec. 
ds 


72. Lawns and grass plots on 83. Directions to the Engineer. 
Third Street, between Kentucky and GA Bohne (Strectiriateen 
eae 85. Griffiths Avenue named. 

73. Lawns and grass plots on East 
Broadway, from Baxter Avenue to 86. Tyler Avenue named. 
the City boundary. 87. Murrell Court named. 

74. Authority to reduce the width 88. Big Mack Avenue named. 
of certain streets and alleys. BOS Bickh PAs enietened 

75. Authority to close all streets 90. Monroe Street, between Tenth 


between Seventeenth, Nineteenth, | and Twelfth, named Rowan Street. 
and Bank Streets and Portland Ave- Sl. Market Gtrests weet om ieren™ 


pn Pees : ty-sixth Street, named. 
ie: Approval of the a 92. Burnett Avenue named. 
sine tsi See ee 93. Twenty-first Street, between 
78. Story Avenue named. Rowan and Bank Streets, named. 
79. Reservoir Avenue named. 94. Bertrand Street named. 
80. Frankfort Avenue named. 95. Nashville Avenue named. 
81. Barrett Avenue named. 96. Preston Lane named. 
82. Various streets in the West- 97. Morton Avenue named. 
ern. District re-named. 98. Lucas Place named. 


1. Public ways, as used in this act, shall mean all 
public streets, alleys, sidewalks, roads, lanes, avenues, 
highways, and thoroughfares, and shall be under the 
exclusive management and control of said City, with 
power to improve them by original construction and 
reconstruction thereof, as may be prescribed by ordi- 
nance; improvements, as applied to public ways, shall 
mean all work and material used upon them in the con- 
struction and reconstruction thereof, and shall be made 
and done as may be.prescribed either by ordinance or 
contract approved by the General Council. ! 


1 DEDICATION oF PuBLIc WaAys.—The legal effect of a dedication must 
be determined by the terms of the dedication, and not by the intentions of 
the dedicator in making it—E., Lex. § B.S. R. R. v. Combs, 10 Bush, 382. 
When land is laid off into lots, streets, and alleys, and lots are sold, each lot- 
owner has the right not only to use the streets as ways of ingress and egress, 
but also to have them thrown open to be used by the public in any manner 
consistent with the uses for which they are established.—F.. § P. R. R. Co. v. 
Thompson and others, 79 Ky., 52. But the occupation and use of the street 
of a city or town as the site of a steam railroad, does not entitle owners of the 
fee adjacent thereto to the center of the street to compensation, as for prop- 
erty taken for public use-—Jb. A street in an incorporated town is not a 
public road, within the meaning of Section 41, Chapter 94, of the general 
statutes, providing a punishment for erecting a fence in or across a public 


PUBLIC WAYS. 


499 


2. When the improvement is the original construction Jd., Section 2. 


of any street, road, lane, alley, or avenue, such improve- 
ment shall be made at the exclusive costs of the owners 
of lots in each fourth of a square, to be equally appor- 
tioned by the General Council according to the number 
of square feét owned by them respectively, except that 


road.—Clark and others v. Commonwealth, 14 Bush, 166. The bare recitals in 
the deed are not evidence sufficient of a dedication to the public use; and even 
if they were construed to be an act of dedication, this alone would not convey 
the way to the public use. The dedication must be accepted by the city or 
county court upon their records, or by continued use and recognition of the 
alley as a highway, for such a length of time as would imply an acceptance.— 
Brizzolari v. Senour & Noonan, Superior Court, Oct. 9, 1882, unreported. If 
land be conveyed as bounded by an alley, there is an implied covenant that 
such an alley actually exists, and the grantor, his heirs and assigns, are 
estopped to deny its existence—Jb. When the owner of land adjoining The 
City of Louisville recorded a map thereof, laying it off into lots and streets, 
_ with the intention of dedicating the streets to the City, and sold lots calling 
for city streets as boundaries, there was a dedication, although at the time the 
map was recorded the territory embraced therein was not a part of the City.— 
‘ Davis, Moody & Co. v. City of Louisville, Court of Appeals, Feb. 24, 1883, un- 
reported. That provision of the Louisville charter, which declares as public 
all streets and parts of the same laid out or extended by any person or 
persons, amounts to an acceptance of such dedication for the use of the public, 
without any affirmative act on the part of the City; this provision, which is 
found in the old charter [1851], is not inconsistent with the new charter, and 
is, therefore, not repealed by it—IJb. The exclusive use of the street is in 
the public, even when the fee to the center of the street isin the owners 
of the abutting lots; such owners have not, nor can they haye, any 
possession or right to the possession, in fact or in law, of the street or any part 
of it—J., M. ¢ I. R. R. Co. v, Esterle, 13 Bush, 667. But, the owner of the 
abutting lot has an interest in the street inseparably accompanying his title 
to the lot, and this interest consists of certain valuable and indispensable ser- 
vices and easements in and over that street, which are as inviolable as his 
property in the lot itself; this peculiar interest exists as well when the fee is 
in the public as when it is in the lot-owner.—J/., M. § I. R. R. Co. v. Esterle, 
13 Bush, 667, The title and possession of streets are in the public, and it 
alone can, by its representatives 


the municipal authorities—maintain any 
action for recovery of possession or for an injury to the street.—Cosby v. O. 
fk. Rk. R. Co., 10 Bush, 288. The right to use the street is an incorporeal 
hereditament legally attached to the ground contiguous thereto—an incident 
to the title assured by law—a right of which the owners of such contiguous 
property can not be deprived without compensation.—Jb. But exclusive use 
and possession of the street of a town for more than fifteen years, under a 
purchase from the trustees of the town, vested the purchaser with title, whether 
or not the trustees of the town were invested with authority to sell.— Brown 
v. Stubblefield’s Administrator, Court of Appeals, Oct. 21, 1882, unreported. 


HOO 


PUBLIC WAYS. 


corner lots (say, thirty feet front and extending back as 
may be prescribed by ordinance) shall pay twenty-five 
wer cent. more than others for such improvements. Hach 
subdivision of territory bounded on all sides by principal 
streets shall be deemed a square. When the territory 
contiguous to any public way is not defined into squares 


It is not competent for the citizens of a town, by deed, to transfer to an indi- 
vidual the title to or exclusive use of the streets, alleys, or public grounds 
dedicated to the use of the public— Alves’ Executors and Heirs v. Town of 
Henderson, 16 B. Mon., 131. If a private citizen take and hold possession of 
a public way in a town for twenty years, the complete title will be vested in 
him or those holding under him.—Dudley v. Frankfort, 12 B. Mon., 610. 
But the possession and use must be adverse and the use exclusive.—Alves’ 
Executors and Heirs v. Town of Henderson, 16 B. Mon., 131, The dedication 
of streets and alleys to the use of the public, to be effectual, must be accepted 
by the corporation; and the presumption of an acceptance by the corpora- 
tion is rebutted by the fact of the continued possession by the original pro- 
prietor, and particularly his vendees, although the dedication be evidenced 
by the recording of a plat of the town and sale of lots— Trustees of Lagrange 
v. Bain, Court of Appeals, September 26, 1882, unreported. The act of dedi- 
eating land to public use fora street or highway does not of itself convert 
the land dedicated into a public street or highway; there must be some 
acceptance of the dedication by the town if a street, @r by the county court if a 
public road, before an indictment can be maintained against those whose 
duty it is to keep the street or road in repair, or against others for a nuisance 
in obstructing travel, etec—Gedge and others v. Commonwealth, 9 Bush, 61. 
The dedication must be accepted by the local authorities either upon their 
records or by continued use and recognition of the land as a highway for 
such a length of time as would imply an acceptance.—J6. The continuous 
use of a road by the public for fifteen years or more, with the exercise of 
power over it in appointing overseers, would constitute it a bighway.—J). 
And, when a street has been dedicated by a deed, the marking out of the 
street by order of the town authorities, connected with its use by the public 
as a street, would be an acceptance of the grant—Jb. Where a dedication 
of a highway is claimed to have been made to the public, reason and autho- 
rity require that the acceptance of the dedication must have been made by 
the county court upon its records, or by such acts of control or recognition 
as will furnish a presumption of its existence — Wilkins v. Barnes, 79 Ky., 
523. Unless a dedication be accepted by the constituted representatives of 
the public in its organic capacity, the acceptance will be ineffectual_—Td. 
A plan of a town laid out upon a navigable river, with a space shown upon 
the plat between the lots and the river, indicating its appropriation to public 
use, and a sale of lots under such a plat, are circumstances which, in the 
absence of contradictory evidence, show a dedication of such space to public 
use. Though the establishment by the proprietor of a ferry upon that space 
would be sufficient to show a reservation of his right, to the extent of the unin- 
terrupted and exclusive use for that purpose, and after an acquiescence in such 


PUBLIC WAYS. 


by principal streets, the ordinance, providing for the im- 
provement of such public way, shall state the depth on 
both sides fronting said improvement to be assessed for 
the cost of making the same, according to the number of 
square feet owned by the parties respectively within the 
depth as set out in the ordinance. 


claim for more than thirty years it can not be questioned.—City of Newport v. 
Taylor's Executors, 16 B. Mon., 699; Rowan’s Executor v. Portland, 8 B. Mon., 
258. A published map of a town must be taken as the written and recorded 
representations of the town; of its localities and divisions; its streets, alleys, 
thoroughfares, commons, and public grounds, so far as they are indicated by 
it; and in these respects must be regarded as having entered into and formed 
a part of every contract for the sale of lots in the town, by their number or 
positions in the plan, and as having been adopted and confirmed by every 
conveyance of a lot described by a similar reference.— Memphis and St. Louis 
Packet Co. v. Grey, 9 Bush, 137. Every purchaser of a lot purchases, as ap- 
purtenant thereto, every advantage, privilege, and easement represented on 
said plat or map as belonging to it; and every conveyance of a lot or parcel 
of ground in said town should be regarded as a conveyance of a proportionate 
right to all these appurtenances.—Jb. And so, where a portion of the 
grantees of the company to whom the grant called Henderson’s Grant was 


made, had by an ordinance, set apart a portion of the grant for the town of 


Henderson, by a plan set forth in a plat, in which public grounds, streets, and 
alleys were laid down, it was held that the public grounds, streets, alleys, 
and the space between the lots and the Ohio river, were dedicated to public 
Alves Executors and Heirs v. Town of Henderson, 16 B. Mon, 131. The 
owner of the soil not only retains the fee, but he is entitled to all minerals, 
etc., that may be discovered imbedded in the highway, and such minerals 


use. 


may be worked by him in any manner so as not to interfere with the use of 


the highway by the public.— West Covington v. Freking, 8 Bush, 121. See the 
decisions therein noticed. Ejectment can not be maintained to recover the 
title and possession of a street or highway dedicated by the proprietor of the 
soil to public use; indictment or injunction is the proper remedy.— West Cov- 
ington v. Freking, 8 Bush, 121, A dedication of land to public purposes may 
be made by parol and be established by parol evidence.—Griffey et al. v. 
Bryars et al., 7 Bush, 471. When a dedication or grant of a road or passway 
to the public or to individuals must be presumed from the circumstances 
attending its use, they should be such as to sustain the conclusion that such 
use was without regard to the wishes of the owner of the land, and not 
merely as a privilege revocable at his pleasure.—Beall v. Clore, 6 Bush, 676. 
And, if there be no other evidence of a dedication or grant than the pre- 
sumption arising from the fact of acquiescence on the part of the owner in 
the free use and enjoyment.of the road or way, such use must have been con- 
tinuous for the usual or analogous period of limitation to bar the claim of the 
owner of the land, and render the presumed dedication or grant effectual.—TI6. 
An owner may dedicate his land to the use of the public by any act which 
sufficiently evidences his will, without a previous adverse user; and if the 


5O1 


502 


PUBLIG WAYS: 


3. A lien shall exist for the cost of original improvement 
of public ways, for the reconstruction of sidewalks, and 
for the digging and walling of public wells and cisterns, 
for the apportionment and interest thereon at the rate of 
six per cent. per annum against the respective lots, and 
payments may be enforced upon the property bound 


site of the road were permanently devoted to public use by its owner, neither 
he nor his vendees can afterwards reclaim it without a discontinuance 
of the use on the part of the public—Mclvinney v. Griggs, 5 Bush, 401. 
When the absolute title to the street is vested in the authorities of a town, 
instead of a mere easement over said street for public use, the authorities own 
the coal which is under the surface of such street. And, when individuals 
mined and removed coal from under the streets of Hawesville, and paid to 
pretended owners a rental for the same, it was held that, the fee being in the 
trustees of the town, said trustees might waive the tort committed in the re- 
moval of the coal without their consent, and recover of the pretended owners 
the rental so received by them, as money had and received.—Trustees of 
Hawesville v. Hawes’ heirs, 6 Bush, 232. A fee simple to the streets may be 
passed to local authorities or the local public by the State legislature in its 
incorporating act. 


Ib. A private alley or passway, ten feet wide, was re- 
served for the benefit of the owners of six lots binding thereon, in the con- 
veyance of said lots by the original proprietor; by consent of the owners of 
five of the lots, and of the tenants of the sixth, the owners of an adjacent 
piece of land erected a three-story building across and over one end of the 
alley, so as to permit passage to and from the alley through the basement 
story and agreed that the property holders and their subsequent vendees 
should have the undisturbed right at all times of passing, etc.; on completion 
of the building the non-consenting owners of the sixth lot brought suit and 
obtained judgment for the abatement and removal of the building; the 
judgment was reversed, and it was held that after the building was finished 
the full extent of the remedy, if any, was by an action for damages for 
injury to property.—Lex. City Nat. Bank v. Guynn, etc., 6 Bush, 486. The 
right of the public to ground in a city or town, which has been dedicated to 
the use of the public, can not be divested by a mere claim of title or posses- 
sion, or anything less than actual private occupancy or exclusive use, evidenced 
by an inclosure, and so continued to be held adversely for twenty years before 
the assertion of the public right by suit or action.—City of Covington v. 
McNicle’s heirs, 18 B. Mon., 262; Alves’, etc., v. Town of Henderson, 16 B. 
Mon.,172. Town authorities have the right to keep streets and alleys open, but. 
they may not, under pretense of doing so, encroach upon private property.— 
Dudley v. Frankfort, 12 B. Mon., 610. Authorities so encroaching will be 
treated as trespassers.—Ib. The center of a street or highway is the limit 
and boundary of lots or land bounded by such street or highway; and where 
land is sold bounded on a highway, or upon or along a highway, the thread 
or center line of the same is presumed to be the limit and boundary of such 
land, in strict analogy with the case of a stream of water not navigable; and 
the same rule applies to a private street, as well in the city as in the country 


PUBLIC WAYS. 


therefor by proceedings in court, and no error in the 
proceedings of the General Council shall exempt from 
payment after the work has been done as required, by 
either the ordinance or contract ; but the General Council, 
or the courts in which suits may be pending, shall make 
all corrections, rules, and orders, to do justice to all par- 


opened by the grantor, upon which he sells house-lots binding upon it.— 
Trustees of Hawesville v. Lander and others, 8 Bush, 679. 

RIGHTS AND RESPONSIBILITIES RELATIVE TO PuBLic Ways.—The power 
of the legislature to incorporate a city is not questioned; nor is it “oubted 
that the municipal government has authority, as an incidental corporate 
right, to grade and pave the streets and to alter and change the grades at 
any time and in any way that the public convenience may require, and of 
that the city authorities are the judges, and their decision, made with due 
regard to paramount laws and private rights, is final and conclusive.—Keasy 
v. The City of Louisville, 4 Dana, 154. Private property can not be taken 
for public use without the owner’s consent or a just compensation made to 
him; but public improvements may be made, in consequence of which an 
individual may sustain much injury, and yet, unless his property, real or per- 
sonal, or the use of it, or some prescriptive right, franchise or privilege, is 
taken from him, or directly interfered with, he has no claim to indem- 
nity.—Ib. Every owner of ground on a street in a city has a right, as invio. 
lable as it is indisputable, to the common and unobstructed use of the 
contiguous highway, so far as it may be necessary for affording him certain 
incidental easements and services and a convenient outlet to other streets, 
And of this right the legislature can not deprive him without his consent or 
a just compensation in money.— Transylvania University v. City of Lexington, 
3 B. Mon., 25. The streets of a city or town are established not only for the 
public, but for the special convenience of those who may purchase the adja- 
cent lots; and such proprietors have certain rights of use, facilities, and 
easements, constituting franchises in the nature of incorporeal hereditaments, 
incident to their titles, which neither the general nor local public can claim- 
and which are as inviolable as the rights of property in the lots. Where 
individuals have such peculiar rights in a street, it may be unconstitutional 
to discontinue it, close it up, or appropriate it to any purpose incompatible 
with its original dedication, without their consent and a just compensation to 
them.—Lexington and Ohio R. R. Co. v. Applegate et al.,8 Dana, 289. A 
property-owner, when his property is not touched nor he deprived of its use, 
can neither be made to pay for the advantages nor can he claim pay for the 
disadvantages which result to him from public improvements. And though 
there may be extreme cases where the deprivation of the use of property not 
touched may entitle the owner to compensation from the public, as a general 
rule the law gives no damages where there has been neither trespass nor 
nuisance.— Keasy v. City of Louisville, supra. The city authorities possess 
the right to judge when and how a street shall be improved, but the public 
right to regulate the common passways of the city is, of course, not arbitrary and 
unlimited. Private rights must be regarded. The public, like a private person 


503 


9) 


O4 


PUBLIC WAYS. 


ties concerned, and in no event, if such improvement be 
made as is provided for either by ordinance or contract, 
shall The City be liable for such improvement, without 
the right to enforce it against the property receiving the 
benefit thereof; but no ordinance for any original improve- 
ment mentioned in this act shall pass both Boards of the 


—_——_——_ —— a ~* 


must so use its own as not to injure another’s property.—City of Lowisville v. 
Lyonet al., December 19, 1856, unreported ; Lowisvillev. Rolling Mill Co.,3 Bush,. 
416. The power of municipal corporations to make street improvements at the 
expense of lot-owners is derived solely from legislative enactment, and will 
not be enlarged by implication or construction, but will be always strictly 
construed.— Murray and others v. Tucker and others, 10 Bush, 240; Caldwell 
and others v. Rupert and others, 10 Bush, 179. The City of Louisville alone 
has the power under its charter to determine the necessity for street improve- 
ments, and this power can not be delegated; no agent of the Council can 
make or vary a contract for such improvements, and no variation can after- 
wards be ratified by the Council so as to create an obligation on the part of 
the lot-owner.—Murray and others v. Tucker and others, supra. An ordinance, 
passed under the provisions of a Section of the original charter of 1870, 
requiring a street to be reconstructed by tearing up and removing the mate- 
rial used in its original construction and substituting therefor what is known 
as the Nicholson pavement, at the cost of the adjacent lot-owners, was held to 
be constitutional, although said street was originally improved at the cost of 
said lot-owners under the charter of 1851, which provided that said street 
should be kept in repair, efc., at the general expense of The City.—Bradley 
v. McAtee and others and City of Louisville, 7 Bush, 667. In this case the 
Court of Appeals declared the general rule that the right of the State gov- 
ernment to assess the costs of the improvement of streets on the property 
fronting the same grows out of the sovereign power of taxation. Purchasers 
of lots in cities and towns take them subject to the discreet exercise by the 
city or town authorities of all powers which the law gives such authorities 
over the streets and alleys.—Louwisville and Frankfort Railroad Company v. 
Brown, 17 B. Mon., 765, Lot-owners 1n cities may be presumed to have pur- 
chased in contemplation of the power of the local authorities to direct them 
to make such improvements as are ordinary and useful at their own expense; 
but when the improvements are of an extraordinary character, and so pecu- 
liarly injurious to the proprietors as to result, to some considerable extent, in 
a deprivation of the use of their property and injury to business, such 
improvements should not be made without compensation.—Lowisville v. Louis- 
ville Rolling Mill Co., 3 Bush, 416. But, although citizens “must hold their 
property subject to such diminution in’ its value as may be reasonably con- 
templated as resulting from any improvement of the streets that the City 
authorities may deem proper to have made, still it does not follow that they 
will not be entitled to damages where, as in the present case, the injury 
they have sustained is of a peculiar and extraordinary character, resulting, 
to some considerable extent, in a deprivation of the use of their property, 
and not such ordinary injury as the proprietors of lots had a right to 


PUBLIC WAYS. 


General Council at the same meeting, and at least two 
weeks shall elapse between the passage of any such ordi- 
nance from one Board to the other. 


4. The cost of making sidewalks, including curbing, 
whether by original construction or reconstruction, shall 
be apportioned to the front foot as owned by the parties 


suppose they would be subjected to for the purposes of public improve- 
_ment.—City of Louisville v. White et al., September 29, 1859, unreported. An 
agreement by a railroad company to pay lot-owners acertain sum per annum 
in consideration of the agreement upon their part.to allow the company to 
maintain its tracks and depots on streets appurtenant to their lots for the period 
of two years, was obligatory and enforceable—MlKy. Cent. R. R. Co. v. Clark, 
Superior Court, June 16, 1883, The General Council of Louisville ordered a 
part of Brook street to be regraded, and the additional embankment, caused 
by the regrading, to be protected by filling up the front of adjacent lots, or 
by a perpendicular wall—all to be done at the expense of the lot-owners. 
On the grounds that the proposed grade would raise said street in front of 
their mills and lot so as to exclude light and air from their mills, and prevent 
the use of their only passway to and from them, and that the damage to 
their property and business, resulting from such improvements, would be 
irreparable, the Louisville Rolling Mill Company sued out an injunction 
against The City and its contractors to prevent the prosecution of the work. 
The judgment of the chancellor perpetuating temporarily the injunction was 
affirmed, with directions to him to keep control of the cause and modify the 
injunction from time to time as direeted.—City of Lowisville v. Louisville 
Rolling Mill Co., 3 Bush, 416. The General Council of The City of Louis- 
ville, by ordinance as prescribed in the City charter, may direct or authorize 
the sidewalks, efc., in said City to be graded and paved, efc., at the cost of the 
owners of property binding thereon; but the Council alone can determine 
the necessity of such improvement, as well as its kind and character; the 
Council has no authority to reter to any other body or person the determina- 
tion of such things.—Hydes § Goose, assignees, v. Joyes, 4 Bush, 464. For, 
the power to pass ordinances to improve streets is legislative and can not be 
delegated; it is in effect a power of taxation, which is the exercise of sove- 
reign authority—Jb. To ordain, generally, that a street or square should 
be graded and paved, or “so much thereof as the engineer might direct, and 
according to specifications to be furnished by him,” is simply to delegate to 
him the power to fix the grade, determine what materials should be used for 
the pavement, and how much of the street or square should be thus improved, 
and is not the determination of the Council as to any of these things, but 
rather a general and unlimited letter of attorney to the engineer to have so 
much of a square or street as he may deem proper improved to his own 
liking; to allow such an ordinance to bind the property-holder is to destroy 
all the safeguards thrown around him by law.—Jb. Subsequent aflirmance 
Ib. 
The authorities of the city of Covington had all right and power to regrade 


by the Council can not vitalize or validate a lifeless or invalid ordinance. 


oy 


Id., Section 


» 
(2 


w 


506 


TId., Section 4. 


PUBLIC WAYS. 


respectively fronting said improvement, except that each 
corner lot shall pay the cost of its sidewalk intersection. 


— 8 The General Council may, in its discretion, upon the 
petition of a majority of the property-owners on the part 
of a public way proposed to be improved, grant them 
permission to improve said public way, under the super- 


a street for any public purpose without incurring responsibility to owners ot 
adjacent property, though the street may have been raised several feet above 
the level of the lots.— Wolfe v. Covington and Lexington Railroad, 15 B. Mon. 
404; Keasy v. City of Louisville, 4 Dana, 154. 'There is a large class of cases 
in which no recovery can be had for injuries to adjacent property from the 
construction of public improvements in the streets of towns and cities, the 
lot-owner holding subject to the right of the public to use the streets for any 
purpose not inconsistent with the use for which they were dedicated; but lot- 
owners have a peculiar interest in the adjacent street, which neither the local 
nor general public have, in the nature of an incorporeal hereditament—a 
franchise the right to which is as inviolable as the property in the lots them- 
selves. If an appropriation of a street, even by legislative and municipal 
sanction, unreasonably abridges the right of adjacent lot-owners to use the 
street as a means of ingress and egress, they: are thereby deprived of a pro- 
perty right without compensation, and an action will lie against the person or 
corporation guilty of usurping such unreasonable and exclusive use for the 
recovery of such immediate and direct damages as the owner may sustain. 
‘Where a railroad has been so located in a street as to deprive the owner of 
an adjacent lot of the means of ingress and egress to and from his lot with 
ordinary vehicles on either side of the road when trains are passing or stand- 
ing in the street, he may recover from the railroad company such damages 
as he has thereby sustained — H, L. § B.S. R. R. v. Combs, 10 Bush, 382. 
The city of Covington could change the grade of a street to suit the grade of 
arailroad—or authorize the railroad company to do so—not, perhaps, throwing 
the expense of grading upon the owners of the adjacent lots.— Wolfe v. Coving- 
ton and Lexington Railroad. The city of Frankfort could permit such 
grading of a street in that city as was proper to secure the passage of the 
railroad cars, and no right of action for any partial injury to the owners of 
property on said trial accrued therefrom.—Lowisville and Frankfort Railroad 
Co. v. Brown, 17 B. Mon., 763, citing Keasy v. Louisville, 4 Dana, 154, and Wolfe 
v. Covington and Lexington Railroad. The city authorities of Covington ele- 
vated the grade of a street six feet above the natural surface of A’s adjacent lot, 
and B, who owned a lot adjoining A’s, filled up his lot to correspond with 
the street, neither the city nor A making any provision for the escape of water 
from the latter’s lot, by reason of which water accumulated in a noxious pond; 
and it was held that such circumstances did not render the defendant liable 
for keeping and permitting a nuisance.— Barring v. Commonwealth, 2 Duv., 95. 
H. owned a lot, on Campbell Street in Louisville, one hundred and thirty- 
five feet in depth; the authorities widened the street in a manner that took 
“thirty feet off the front of his lot, and he subsequently sold the lot as one 


PUBLIC WAYS. 


507 


vision of the City Engineer, and within such time as may 
be fixed by the General Council. When improvements 
in public ways have been made, or public wells or cisterns 
dug and walled, and the contract therefor completed, the 
City Engineer shall, by one insertion in one of the daily 
newspapers published in Louisville, give notice of the 


hundred and five feet in depth, with an express reservation in the deed of the 
right of action against The City for wrongfully converting thirty feet of his 
lot. But the Court of Appeals held that H. had no right of action against 
The City to recover the thirty feet.— Hawes v. City of Louisville, 5 Bush, 667. 
Where the contractor is required, by his contract, to keep his work in repair 
for six months after its reception by the General Council, the requirement 
does not exempt the property-owners from payment. This stipulation is 
construed by the Court of Appeals to mean that the contractor was only 
bound to make good such portions of his work as might prove, within the 
specified time, to have been defectively done.—City of Louisville v. Henderson, 
5 Bush, 515. As construed in Lowisville v. Henderson, 5 Bush, 515, this cove- 
nant is to be taken simply as a guaranty that the work was well done, as if 
so it would need no repair within the period fixed; but, Covington v. Dressman 
et al., 6 Bush, 210, if that guaranty imposed any additional burden on the lot- 
owners, they should to that extent be relieved, for it is the duty of the city 
to keep such streets in repair and not impose this on the property-owners. 
The Court of Appeals has laid down the rule that where municipal authori- 
ties fail to provide safeguards to warn against an excavation in the public 
way—and the way’s being at the time incomplete will not take it from 
under the municipal jurisdiction—if the injured person were “on a proper 
occasion and in right condition prudently passing that way,” and “ without 
culpable negligence” fell into the excavation and was hurt, the city is 
responsible in compensatory damages, but if the accident resulted wholly or 
partly from his own fault or negligence he would be entitled to nothing.— 
City of Covington v. Bryant, 7 Bush, 248, A city is not bound to keep all its 
streets in repair under all circumstances, but only such streets and parts of 
streets as are necessary for the convenience of the traveling public; and as 
streets are required for use, they must be placed in a reasonably safe condi- 
tion.—City of Henderson v. Sandefer 5 Co., 11 Bush, 550. The city must be 
permitted to exercise its discretion whether the public interests require the 
improvement of the streets in the uninhabited or sparsely settled portions of 
it, and its decision is final—Ib. A city is not liable for injuries to horses and 
carriage resulting froma failure to improve a street which was not needed for 
the use or convenience of the public.—Ib. The City of Louisville must 
answer in damages for injuries caused by making a fill across a natural drain.— 
Kemper and wife v. City of Louisville, 14 Bush, 87. In constructing a street 
without making a sewer or culvert, the city obstructed the passage of water, 
caused much of K.’s lot to be covered with water, destroyed his shrubbery 
and garden, and injured the health of his family: Held, that damages 
were recoverable for the injury to the house and lot, and, while no 
recovery could be had for physician’s bills paid or loss of time on the 


508 


PUBLIC WAYS. 


time and place fixed for the inspection and reception of 
the work by the City Engineer, or either of his assistants 
or deputies, and such owners, their agents and representa- 
tives, may appear and be heard before such Engineer, his 
assistant, or deputy, as to whether such improvements 
have been made in accordance with the ordinance autho- 
rizing the same, and the contract therefor. 


part of the occupants on account of sickness caused, still these facts 
could be proved with a view of showing the extent to which the value 
of the property had been lessened by reason of the acts complained of. 
Where street contractors have done their work upon a street, as required by 
the ordinance of the City authorities and their contract, they are not respon- 
sible to property-holders for injuries to property resulting therefrom; a city 
is responsible to property-holders for unnecessery injury to property in the 
making of local improvements by contractors.—DPearson v. Zable, 78 Ky., 170 
Where a city has the power to prevent or abate public nuisances, it becomes 
its duty to exercise the power in all proper cases. The existence of such a 
power is indispensable tothe public health and welfare, and the corporation 
is not at liberty to decline its exercise, when demanded by the public interest, 
but if it does, the proper remedy for the people is an indictment.—Paris v. 
Commonwealth, decided Jan. 10, 1883. The streets and sidewalks of a town 
are public highways, upon which all citizens of the commonwealth have the 
right to pass and repass, with only such temporary occupancy as may be inci- 
dental to the exercise of the right or necessarily connected therewith. Any 
illegal interference with this right, whether by failing to keep the street in 
repair, or by obstructing it, or permitting it to be obstructed, is a public 
nuisance.—Ib, To permit “divers men and women of disorderly habits and 
evil repute to assemble in large crowds” upon the streets and sidewalks, 
“using loud, profane and obscene language,” so as to obstruct the street and 
render it ‘dangerous and offensive to persons passing to and fro” is a public 
nuisance, which it was the duty of the corporation to abate, but if the corpo- 
ration has provided the necessary ministerial officers for the discharge of this 
duty it owes to the public, and these officers have in good faith attempted to 
prevent or abate the nuisance, there should be no conviction.—Ib, An exca- 
vation six or eight feet deep, running up to the edge of a pavement in a 
populous city, is a nuisance, if left at night without sufficient lights, safe- 
guards, or barricades, to warn off passers-by.— Matheny v. Wolfs, 2 Duvw., 137. 
For injuries caused by falling into a hole in a sidewalk in the city of Lexing- 
ton, of which hole members of the City Council had notice, the injured 
person recovered a judgment against the city for five hundred dollars, and 
the judgment was affirmed: Held, that a drunken man has the right to pre- 
sume that the streets and sidewalks of a city are safe to passers thereon.— 
City of Lexington v. Auger, Court of Appeals, June 10, 1882, unreported. 
The fact that the power is conferred upon the Mayor and Council to make 
street improvements, “when in their opinion the public good demands it,” 
does not make it necessary that the ordinance should recite the existence of 


PUBLIC WAYS. 


6. In all actions to enforce liens, as authorized by this Z.. 


act, a copy of the ordinance authorizing the improvement 
or work, a copy of the contract therefor, and a copy of 
the apportionment—each attested by the clerk of the 
Board of Councilmen—shall be proof conclusive of the 
due passage, approval, and publication of the ordinance, 


the opinion, though the rule is different where the jurisdiction is made to 
depend upon the finding of a preliminary fact—AKerr v. City of Owensboro, 
Superior Court, April 16, 1884. 

APPORTIONMENT OF Costs.—The streets and sidewalks in a city are com- 
mon highways, which all the citizens have an equal right to use, and which 
it is their common duty, as.a local public, to render useful and to preserve; 
and, as the legislature can not impose upon any one citizen the whole burden 
of constructing a public road, neither can any municipality exact the cost 
of opening or repairing a street from any particular citizen; each and every 
one, in either case, must contribute his proper share.—City of Lexington v. 
MeQuillan’s heirs, 9 Dana, 518. The power of grading and paving the streets 
is an inherent corporate right, and need not be expressly granted by charter. 
Keasy v. City of Louisville, 4 Dana, 155; and City of Louisville v. Hyatt et al., 
5 B. Mon., 199. Even though the local authorities would have no power, 
independently of a legislative grant, to raise money by taxation for any pur- 
pose whatever, yet as the public ways belong to the corporation, and the 
entire local public is interested in and benefited by their improvement, and 
the local authorities are held responsible for their condition, there should be 
no doubt of their power to authorize paving and grading to be done, without 
an express grant.— City of Louisville v. Hyatt et al. 5 B. Mon., 199. The 
principle upon which the streets of a city may be improved by squares, at 
the cost of the owners of the lots within the square, under the charter, is 
substantially the same as that by which the County Courts require roads to 
be made and kept in repair by the citizens of the county; and which has 
been long practiced upon without question as to its constitutionality; and 
which is similar to what is practiced upon and has been held to be constitu- 
tional in other States, and which this Court is not prepared to decide uncon- 
stitutional—_Ib. Though the holders of the property within a square can 
not be compelled to pay for work done upon one of its streets without the 
sanction of their representatives, when they have not petitioned, yet as they 
are represented in the city council, and »the charter requires a unanimous 
vote to grade and pave a street, in any square, at the cost of the citizens 
thereof, when they have not petitioned for it, an order made for such purpose 
may be considered as being made with the assent of the representatives of 
the square.—Ib. The charter of the city of Lexington may be understood 
as constituting each square of the city a separate municipality, having 
authority to regulate the streets and sidewalks within it; and, as such, 
the owners of the larger portion of the ground within a square may 
by petition, require that the streets within it shall be improved at the 
cost of the owners of the lots, each one contributing his due  propor- 
tion, according to the extent of his ground upon the street—Ib. The 


Seetion 


5. 


510 


PUBLIC WAYS. 


of the due execution and approval of the contract, and 
shall be prima facie evidence of every other fact neces- 
sary to be established by the plaintiff in such actions to 
entitle him to the relief authorized to be given in this 
act; and in such actions thecourt shall provide in its 
order confirming any report of sale, that the defendant, 


cost of original construction and reconstruction of the streets of The 
City of Louisville may be imposed upon the owners of adjacent real estate.— 
Broadway Baptist Church et al. v. McAtee & Cassily et al., S Bush, 508, 
The law-making power determines what are the proper subjects of general or 
local taxation, and it is not within the province of the courts to abridge this 
legislative prerogative, nor to refuse their assistance in carrying out the 
legislative will, on account of doubts as to the policy or justice of the enact- 
ment through which it may be imposed._Ib. When the subjects of taxa- 
tion have been determined, then the constitutional limitation requiring 
equality and uniformity in its imposition upon such subjects applies, and 
the courts are bound to see that this limitation be not disregarded.—Jb. 
Each subdivision of territory bounded on all sides by principal streets must be 
deemed a square, and each one fourth of such subdivision shall be subjected 
to the cost of constructing and reconstructing the streets and alleys binding 
thereon.—Ib. Where the improvement is made at the cost of the lot-owners, 
the expense is to be apportioned among them in the ratio of the front feet of 
their respective lots. The cost of the work done in front of each lot can not 
be taken as the measure of the liability of that lot-owner.— Kerr v. City of 
Owensboro, Superior Court, April 16, 1884. Taxation of adjacent property 
for street improvements in Louisville could not, under the charter of 1870, 
be imposed on real estate that had not been laid out into squares; the assess- 
ments were required to be made against lots forming the one fourth of a 
square, and there was no authority given to tax any realty for this purpose 
that did not lie within a tax-district so formed.— Caldwell and others v. Rupert 
and others, 10 Bush, 179. Each subdivision of territory bounded on all sides 
by principal streets was deemed a square, and unless property was situated 
in a territory so bounded it could not be deemed any part of a square, and 
hence could not be assessed for the improving of adjacent streets.—J6. This 
was subsequently remedied by legislative enactment, as will be seen in the 
text above. The Court of Appeals has given the following demonstration, 
by diagram and description, of héw apportionment for street improvements 
in Louisville should be made: 

‘In assessing for the cost of streets, the rule has always been to assess the 
two fourths of squares on opposite sides of and contiguous to the improve- 
ments. Thus, if A street, as shown in the following diagram, is improved 
from 1 to 2, the assessment would extend each way to the parallel dotted 
lines, the center of the squares respectively. 


PUBLIC WAYS. 


or either of them, or any one claiming through or under 
them, or either of them, or any creditor of theirs, or either 
of them, may, within two years from the date of such 
order confirming a report of sale, redeem the land sold 
by paying to the purchaser the purchase price, with inter- 
est thereon from the day of sale at the rate of ten per 


oli El bcs 
fy ey 
z| Bg 
cs | () |= 
S 3S 
ret re 
200 Feet. 200 Feet. 
STR Se T. 
2097 00Z “JOO 00Z 
SD 
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“When B street is improved the assessment will be extended on each side 
to the parallel dotted lines, and three fourths of each square will have been 
assessed once, two fourths twice, one fourth once, and one fourth not at all, 
and when all the strects bounding the squares are improved, each fourth will 
have been twice assessed, and each assessment will have been made upon the 
fourths of squares contiguous to it, and upon no other, thus demonstrating 
that it was the intention of the legislature that each improvement should be 
made at the cost of each contiguous fourth of a square. The reason for such 
a rule of assessment is obvious. The effect of its operation is to charge the 
cost upon the property which is most benefited by the improvement, and 
which ought, therefore, in justice to pay for it.’—Schmelz and others v. Giles 
and others, 12 Bush, 491. Where a part of an alley in Louisville was im- 
proved in 1866 at the cost of the owners of the lots adjacent to the improve- 
ments then made, the owners of these lots should not be required to contribute 


511 


512 


PUBLIC WAYS. 


cent. per annwin, and all the taxes and assessments on and 
against such land paid by such purchaser, with interest 
thereon at the rate of ten per cent. per annwm from the 
date of such payments; and in the event that there be 
no redemption within the time allowed, the order of con- 
firmation shall be final, and a deed shall be executed to 
the purchaser or his assignee. 


equally with the owners of the other lots, constituting the fourth of the 
square, to pay for the improvement of the remainder of such alley; the re- 
quirement of the charter that the cost of such improvements shall be appor- 
tioned against the lots in each fourth of a square, efc., was doubtless intended 
to apply only to improvements extending along the whole square; apportion- 
ment should be so made as to equalize the cost of the improvement as if the 
whole had been done under one ordinance and contract at the aggregate cost 
under both contracts.—Beck v. Obst and others, 12 Bush, 268. Under the 
charter of The City of Louisville, as well as under the act of 1878, in regard 
to the assessment of property for the cost of improving public ways, only 
lots within fourths of squares contiguous to the improved way can be assessed 
to pay for improving it, and this rule applies to streets and alleys alike.— 
Washle v. Mehan, Court of Appeals, Oct. 13, 1881, unreported. - The propriety 
of improving a street is a question addressed alone to the municipal legisla- 
ture, and that body having ordered the improvement, the owners of the 
property along the street must pay for it, if the assessment be not in plain 
violation of the provisions of the charter.— Worthington v. Covington, Court 
of Appeals, Nov. 12, 1881, unreported. The General Council of The City of 
Louisville is the sole judge of the manner of execution and character of work 
done in making street improvements, and when such work is accepted by 
that body the owners of the adjacent lots can not resist the collection of the 
cost thereof on the ground of a defective execution of the work,— Murray 
and others v. Tucker and others, 10 Bush, 240. When by taking the proper 
steps the General Council can make an improvement at the cost of the 
owners of adjacent property, its powers to improve the streets may be exe- 
cuted in that way, and The City can in no event be made liable, unless it 
will have the right to proceed to make the property-holders liable. But if 
the nature of the ownership of the adjacent property be such that no steps 
which could have been taken would have rendered it or its owner lable, 
then The City must pay for the improvement, or it will have, as to such work, 
no means of executing its general power to improve streets.—Craycroft and 
others v. Selvage and others, 10 Bush, 696; Caldwell v. Rupert, 10 Bush, 179. 
Lot-owners are not lable for any part of the cost of street improvements 
made under a contract with the council of the city of Henderson, in which a 
part only of the work contracted for was completed by the contractor, 
received and paid for by the city council.—City of Henderson v. Lambert, 14 
Bush, 24. The council is the agent of the law in making contracts for street 
improvements, so as to make the cost a charge upon the abutting lots; the 
work to be done must be ascertained and prescribed in the ordinance and 
contract, and when this is done, certain rights, duties, and liabilities become 


PUBLIC WAYS. 


513 


7. The clerk of the Board of Councilmen shall make Jd., Section 6. 


out all apportionment warrants for which Hens are given, 
for improvements of public ways, wells, cisterns, and 
water-plugs, as may be required by ordinance, and within 
two days thereafter shall enter the same upon a register 
for that purpose, and when the holder of said warrant 


fixed, and thereaftér the duty of the council, so long as the contract remains 
in force or is unchanged by proper proceedings, is to see that it is performed 
as made.—Ib. By receiving a part of the work and dispensing with the 
performance of other parts, the city council can not compel the lot-owners to 
pay for so much as a delinquent contractor may find it convenient or profit- 
able to perform; the council has no power to accept part performance so as 
to make the owners of abutting lots liable to pay for the work performed -— 
Ib. That a lot within a district assessed for local improvements by a city is 
not benefited by the improvement does not exempt it from taxation.—Pearson 
and others v. Zable and others, 7S Ky., 170. The City of Ludlow having 
levied an assessment upon all the rea! estate lying upon a certain street within 
its limits, for the purpose of improving the street: Held, that a lot upon the 
street owned by a railroad company was not to be excepted from the assess- 
ment because it was owned by a railroad company and used for railroad pur- 
poses.—City of Ludlow v. Trustees of the Cin. So. Rwy Co. 78 BKy., 357, 
Church property may be required to pay its proper proportion of the cost of 
the construction and reconstruction of streets in The City of Louisville; ex- 
emptions made by general laws in favor of church property apply only to 
taxation for general purposes of government.— Broadway Baptist Church 
et al. v. McAtee and Cassily et al.,8 Bush, 508. It is held, however, that 
A cemetery or graveyard can not be subjected to sale to pay for improve- 
ments on streets adjacent thereto.—Lowisville v. Nevin and others, 10 Bush, 
549. That a portion of a public way which was to be improved has not been 
improved or has been defectively improved will not excuse or exempt own- 
ers of property adjacent to another portion which has been duly improved 
from liability to pay the apportioned cost thereof.—Malchus v. District of 
Highlands, 4 Bush, 547. When street improvements have been accepted by 
the proper authority of the city, and there is no allegation of fraud or collu- 
sion, such acceptance is conclusive evidence that the work was performed 
according to the requirements of the contract.— City of Henderson v. Lambert, 
14 Bush, 24. There is no common-law liability resting upon lot-owners to 
pay for the improvements of an adjacent street.—Jb. And statutes authoriz- 
_ ing assessments upon abutting lots, to pay for street improvements, must be 
construed most strictly against those asserting claims under them.—ZJd- 
Where authority is given the local legislature to order improvements made, 
on being petitioned by those owning the major part of the apportionable 
property, the order binds all the owners of such property, and the privileges 
and burdens fall alike to those who signed the petition and those who did 
not.—City of Covington v. Dressman, 6 Bush, 210. After the work has been 
done according to ordinance and contract, it is too late to show that the grade 
adopted for the street is or was an improper one.—Preston v. Roberts, 12 
33 


14 


PUBLIC. WAY s. 


=< —= Ls 


shall have obtained payment he shall notify the clerk of 
the Board of Councilmen, and it shall be marked upon 
the register as paid. The clerk of the Board of Council- 
men shall be allowed a fee of ten cents for the entry and 
indexing of such lien. A lien shall not be valid against a 
purchaser, for valuable consideration, without notice, un- 


Bush, 570. In cases where property-owners in The City of Louisville are to 
be charged with the cost of improvements, the following provision of the 
chart-r is applicable: ‘““ When improvements on the public ways have been 
made, and the contract therefor completed, the City Engineer shall, by 
one insertion in one of the daily newspapers published in Louisville, give 
notice of the time and place fixed for the inspection and reception of the 
work by the City Engineer, and such owners, agents, and representatives 
may appear and be heard before such Engineer as to whether such improve- 
ments have been made in accordance with the ordinance authorizing the same 
or the contract therefor.” This is the only stage of the proceedings to create 
the lien on their property, where it is provided that the property-owners can 
complain of a defective execution of the work; and if the Engineer decide 
against them, his judgment, if accepted by the Council, is conclusive, unless 
attacked for fraud or collusion.—Harris et al. v. Zable et al., Superior Court, 
May 16, 1883, The duties of the Engineer under this provision are quasi- 
judicial, and the person whose property is to be encumbered against his will 
is entitled to the benefit of the experience, the discretion, and the judgment of 
the tribunal provided by law.—Jb. If these duties are delegated to any other 
officials than those to which the charter entrusts them, the inspection and recep- 
tion of the work would not be sufficient to create any lien upon the adjacent 
lots—Ib. The notice which the charter requires the City Engineer to give of. 
the time and place he will inspect and receive street improvements, which are to 
be paid for by the adjacent property-owners, need not be published more than 
once.— Boone and others v. Gleason, decided by the Superior Court, May 16, 
1883. Such a notice may be published on Christmas day or other legal 
holiday, and be sufficient, and two days’ notice is ample time.—Jb. An 
amendment to the Covington city charter provided that the public ways 
generally might be ordered by the Council to be improved at the cost of the 
property-owners whenever the owner or owners of the larger part of the 
front feet of the ground fronting, e¢c., shall petition therefor; and the same 
statute contained another provision, that the Council might, by a unanimous 
vote, require the northern portion of Madison Street to be improved in a cer- 
tain way at the cost of the property-owners, but the Court of Appeals decided 
the statute unconstitutional and void.— Howell and others v. Bristol and 
others, 8 Bush, 493. The violation of the constitution here plainly consisted 
in inequality of taxation. Assessments for street improvements, if suffered 
to be made in different parts of the same city, under different rules and 
regulations, would inevitably cause unequal burdens of taxation on the inhabit- 
ants.—Ib. Assessments for street improvements should be made in accord- 
ance with the facts existing at the time.— Preston v. Roberts and others, 12 
Bush, 570. Such assessments are not, technically, taxes.— Johnston v. Louis- 


PUBLIC WAYS. 


ou 
pea 
Or 


less it shall be so entered and registered within three 
months of the issuing of the apportionment warrant. 


8. In lieu of Section 138 of the charter, approved March 
3. 1870, entitled ‘‘An act to establish a new charter for 
The City of Louisville,’ the following law shall prevail 
concerning the repairing and cleaning public ways and 


ville, 11 Bush, 527. Errors in assessments to pay for street improvements in 
The City of Louisville may be corrected by the courts when the property to 
be assessed is bound by principal streets or laid off into squares; but when 
the property to be assessed is not bounded by principal streets, nor laid off 
into squares, the Council must, by legislative action, determine what contigu- 
ous property is to be taxed, and the extent to which it is to be taxed; if, in 
such a case, the ordinance be invalid to any extent, this is not an error which 
the courts can correct.— Loeser v. Redd § Bro., 14 Bush, 18. In directing 
that the assessment to pay for the improvement of Barret Avenue should 
extend to the depth of two hundred and fifty-two feet on the east side, and 
one hundred and forty-seven and one half feet on the west side of said ave- 
nue, the ordinance was invalid, as decided in Preston v. Roberts, 12 Bush, 570 
in so far as it extended the assessment on the east side by one hundred and 
forty-seven and one half feet—Jb. Where the trustees of a town made a 
contract with A for the improvement of the streets at the expense of the 
owners of abutting lots, “the town not to be liable in any event,” and it being 
afterwards determined by the courts that the trustees had no power to make, 
such contract, and therefore the lot-owners were not liable, suit was brought 
to recover from the city for the work done, and it was held that the mere 
fact of the town’s being benefited by the improvements did not make it 
liable to pay therefor, nor did the fact that the trustees acted without autho- 
rity. —Trustees of Belleview v. Hohn § Tropp, Court of Appeals, March 8, 1884. 
In an action to enforce a lien for street improvements in The City of Louis- 
ville, it is not necessary to file complete and legally authenticated copies of 
the record of the proceedings of the General Council before a judgment can 
be obtained._Jb. The charter provision that the city shall in no event be 
liable for the cost of street improvements, without having the right to enforce 
it against the property receiving the benefit thereof, applies only in cases 
where the city has authority to make the improvements-at the exclusive cost 
of those owning the property benefited.—Caldwell and others v. Rupert and 
others, 10 Bush, 179. Where a city builds a street across private grounds, 
not dedicated or legally appropriated to street uses, the property-owners 
along its line are not liable for the cost of the improvement, and a private 
contract by some of them to pay their proportion according to frontage will 
not exonerate the city from paying what may be left after the enforcement 
of the private contract.—Jones, Administrator, v. City of Paducah, Court of 
Appeals, Sept. 20, 1881, unreported. The right of lot-owners to make the im- 
provements, for the cost of which they were bound by public contract, is 
waived by their failing to speak when it was their duty to do so.— Broadway 
Baptist Church et al. v. McAtee § Cassily et al.,8 Bush, 508. Vt has been held 


AN aCtob0 
amend the 
charter of The 
City of Louis- 
ville. Became 
a law Feb. —, 
ABT ReG. By 


e 


16 


PUBLIC WAYS. 


making footway crossings: That for the purpose of 
repairing and cleaning the public ways and making foot- 
way crossings The City of Louisville is divided into an 
Eastern and Western District, the dividing line to be the 
property-line on the west side of Third Street; and the 
General Council shall assess the expense of repairing 


by the appellate.court that irregularities in the council proceedings in the 
city of Covington could be corrected by the lower court, so that no person’s 
property should be improved at the general expense of the city when, in 
equity, he ought himself to pay for the same. 
6 Bush, 210. It was, in the Covington as in the Louisville charter, expressly 
given to the courts to correct such irregularities in council proceedings as 


City of Covington v. Dressman, 


might defeat manifest intention, and the case of Dressman was the occasion 
of the Court of Appeals’ construing that it was evidently intended to give 
the court power to enforce such a portion of the assessment as would be right 
and equitable, though the ordinances were strictly and technically legal.— 
6 Bush, 210. Such an equitable rule of adjustment has been followed in 
similar controversies of The City of Louisville. Work was done after peti- 
tion from property-owners, at their instance, and no objection was raised by 
them to the work while it was in progress, and the Court of Appeals said, 
Covington v. Dressman: “ We shall not closely serutinize the ordinances to 
see whether they technically comported with the law, but so far as the same 
was the exercise of legal authority we shall uphold it, being no longer 
bound”—irregularities having been made by statute unavailable—“to see that 
the manner of its exercise was also in strict and technical conformity with 
the legal provisions under which the power was exercised.” The irregularity 
in that case obviated was that the ordinance apportioning the costs did not 
name the lot-owners and apportion to each a given sum per front foot. 
The contractor bound himself, by his contract with The City of Louisville. 
“not to sue The City until it shall finally be adjudged that the property- 
owners are not liable for the cost of the improvements on the street in’ front 
of their property.” The stipulation is void and does not exempt the lot- 
owner from the payment of the sum assessed against him for such improve- 
ment.—City of Louisville v. Henderson, 5 Bush, 515. In an action to charge 
and recover from owners of property within specified distances their propor- 
tion of the cost of a cistern in The City of Louisville, which was required to 
be built by a special ordinance, “at the exclusive cost of the owners of pro- 
perty chargeable therefor under the City charter and ordinances,” the petition 
is demurrable unless it plead the general ordinance specifying the distance 
from the cistern which the property shall be charged; in such cases, it is neces- 
sary to plead both the special and general ordinance.—Stephens v. Guthrie, 
4 Bush, 462; Babbitt v. Woolley, 3 Bush, 703. Where a person is employed 
by a city council to do work on a public street, under an agreement that he 
should be paid for it, when completed, by a tax on the lot-owners, if the city 
fail to adopt such measures as the charter requires to render the lot-owners 
lable, it is responsible to the contractor.—Kearney v. City of Covington, 1 Met., 
339, The City of Louisville is liable to contractors when through the neg- 


PUBLIC WAYS. 


streets, *leaning streets, and making footway crossings 
upon the property therein as it is assessed for other City 
purposes, to be collected in the same manner, not to ex- 
ceed thirty cents on each one hundred dollars’ worth of 
property annually. If the amount collected in any year 
shall not be expended for these purposes, the surplus 
shall remain to the credit of the district in which it was 
collected, and be applied to no other purpose than to 
diminish the assessment of the district in the ensuing 
year. Contracts shall be awarded to the lowest and best 
bidder for the work and materials used in each district 


ligence of The City’s agents the lien guaranteed proves ineffectual.— Guthrie 
v. The City of Louisville, 6 B. Mon., 575. The Mayor and Council of The 
City of Louisville employed persons to grade and pave streets in Louisville, 
and the undertakers agreed to look to the lot-owners and not to The City 
for remuneration, but, the non-liability of the lot-owners appearing subse- 
quently, The City was held bound for the work and material to the under- 
takers notwithstanding the agreement.— The City of Louisville v. Hyatt et al., 
5 B. Mon., 199, And The City could not claim exemption from such liability 
on the ground that the Mayor and General Council had not the power to 
bind The City to raise or appropriate the public revenues for grading and 
paving; for, in truth, they did possess such power when lawfully ex- 
ercised.—Ib. For the excess of cost of street improvements over the 
amount to be realized by the sale of adjacent property chargeable with 
the cost of the improvement, the city of Paducah was held to be liable, 
James Adm’r v. City of Paducah, Court of Appeals, Sept. 20, 1881, unre- 
ported. In this case the city caused the street to be built across private 
grounds not dedicated nor legally appropriated to street uses.—Jb. The 


power to assess property is not judicial, and cannot be conferred on a 
judicial tribunal.— Worthington v. City of Covington, Court of Appeals, Nov. 
12, 1881, unreported. Property having been assessed at more than half its 
value, in violation of the provisions of the charter of the City of Covington, 
the chancellor should not have reassessed the property, but should have 
perpetuated the injunction restraining the collection of the assessment made, 
as the charter does not confer upon him the power to regulate irregular 
assessments.—Ib. <As the charter of the city of Covington authorizes street 
improvements to be made in whole, or in part, in any manner the city coun- 
cil may deem proper, a contractor having abandoned an improvement, the 
city had the right to have the work completed, and assess the property along 
the street to reimburse herself for expenditures made.—Ib. As the act of 
March 8, 1870, provided for suits to enforce liens for the cost of street im- 
provements, without prescribing the mode of procedure, it was presumed that 
the State legislature intended to leave the mode to be regulated by the gen- 
eral laws applicable to other cases for the enforcement of liens.—Craycroft 
and others v. Selvage and others, 10 Bush, 696. 


17 


PUBLIC WAYS, 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Approv- 
ed Feb’ry 20, 
18738. Sec. 6. 


Id., Section 7. 


for repairing and cleaning public ways and making foot- 
way crossings, separately or together, for such time as 
may be prescribed by ordinance, and good security re- 
quired from the contractors. 


9. For the purpose of paying the cost of reconstructing 
the carriage-ways of such streets and alleys as may be 
directed to be reconstructed by the General Council, The 
City of Louisville is divided into an Eastern and Western 
District, the dividing line to be the property line on the 
west side of Third Street; and the General Council shall 
annually assess the property subject to taxation under 
the revenue laws of the State of Kentucky in each dis- 
trict, not exceeding thirty cents on each one hundred 
dollars’ worth of property in each district. The sum 
derived from this tax shall be held and used for the 
reconstruction of the carriage-ways of the streets and 
alleys in the district from which the same was collected, 
and for no other purpose. 


10. The General Council shall annually appoint a 
committee, to be designated as a street-improvement com- 
mittee, consisting of twelve members, one from each 
ward, six in each district, composed of two in each dis-: 
trict from the Board of Aldermen and four in each district 
from the Board of Councilmen, to be appointed respec- 
tively by the presidents of the two Boards of the General 
Council, who, together with the City Engineer, shall con- 
stitute said committee. The duty of said committee shall 
be to examine thoroughly during the first three months 
of each year the condition of such streets and alleys as 
the City Engineer may report to them for reconstruction, 
who, together with the City Engineer, shall report to the 
General Council such streets and alleys as require recon- 
struction, with the approximate cost thereof, with such 
materials as-may be deemed advisable, the cost thereof 
not to exceed the amount of revenue derived from the 
respective districts under said tax for each year; which, 
when approved by a majority of the members elect of 
each Board comprising the General Council, the same 


PUBLIC WAYS. 


shall, by ordinance, be reconstructed with such materials 
as may be designated in said ordinance. The clerk of 
the Board of Aldermen shall be ez-officio clerk of said 
street-improvement committee, and shall discharge such 
duties and shall receive such pay as said committee shall 
agree upon. 


11. The General Council shall hereafter have full power 
and authority to provide by ordinance or resolution the 
mode and manner of repairing and cleaning public ways 
and making footway crossings in each of the Districts 
(Eastern and Western) of said City. 


12. For the purpose of repairing the public ways and 
making footway crossings The City of Louisville is divided 
into an Eastern and Western District, the dividing line 
to be the property line on the West side of Third Street. 


13. The repairs of the public ways and the making of 
footway crossings for each of the aforesaid Districts shall, 
after due public advertisement, be let by the Mayor and 
the City Engineer to the lowest best bidder, according to 
the form of proposal and the contract specifications fur- 
nished from the City KEngineer’s office. Separate pro- 
posals will be received for each class of work, to wit: the 
repairs of public ways and the making of footway cross- 
ings, and the proposals so made shall be signed by the 
contractor and his securities. The proposals shall be 
inclosed in sealed envelopes, indorsed with the style of 
the work, and they shall not be opened until the last day 
advertised, and then by the City Engineer in the presence 
of the Mayor, when the lowest best bid as aforesaid shall 
be accepted if the sureties are approved. 


14. The contract so awarded, after signature and exe- 
cution, shall be submitted to the General Council for con- 
firmation, and when confirmed the contractor shall be 
notified by the City Engineer to commence work without 
delay. If the contractor so notified shall fail within five 
days to commence said work in full compliance with the 
contract requirements, the contract may be canceled, and 


Am (acte-to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved Feb. 
20,1878. Sec.9. 


An ordi- 
nance to pro- 
vide for repair- 
ing public ways 
and making 
foot-way cross- 
in. os 2 PA pi- 
proved May 18, 
LAI 2UW 5.8 Gaels. 


Id., Section 2. 


Id., Section 3. 


520 


PUBLICes WAYS. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


An ordi- 
nance regulat- 
ing the laying 
of water- and 
gas-pipes and 
sewer connec- 
tions in streets 
to be paved 
with the Nich- 
olson or wood- 
en block pave- 
ment. <Ap- 
proved June 
22,1870. Sec- 
tion 1. 


Id., Section 2. 


the work relet by the Mayor and City Engineer to the 
next best lowest bidder, or, as may seem best in their 
judgment, the work may be readvertised for contract ; 
and if, after signature of the contract and commencement 
of the work, the contractor shall not prosecute or con- 
tinue to prosecute the work so contracted for with due 
vigor and otherwise in compliance with the specifications, 
the contract shall be reported for annulment or other 
final action. 


15. The amount and general character of the work to 
be done upon the repairs of the public ways and the 
making of footway crossings in each of the aforesaid Dis- 
tricts shall from time to time be determined and ordered 
by resolution of the General Council. 


16. The expense of said repairs of the public ways and 
making of footway crossings in each District shall be 
assessed on the property subject to taxation for City pur- 
poses in the District in which said repairs of public ways 
and making footway crossings have been done, as pro- 
vided in Section 13 of the City charter, as amended by 
Section 5 of anact of the legislature, passed in February, 
1872, entitled ‘‘An act to amend the charter of The City 
of Louisville.”’ 


17. Nothing in this ordinance shall affect existing con- 
tracts for the repair of public ways and making footway 
crossings, but that such contracts shall continue until the 
time specified for their expiration. 


18. In all streets which are to be paved with the 
Nicholson or wooden-block pavement, or all other new or 
reconstructed pavements, all gas- and water-pipes, with 
their connections, as also sewer connections for private 
drains, shall be laid before the pavement is put down, 
upon ten days’ notice. 


19. Due notice of the intended construction of Nichol- 
son or wooden pavement shall be given by the City 
Engineer to the gas and water companies and property- 
holders on the line of such streets, and they will be 


PUBLIC WAYS. 


required to make the connections required by Section | 
of this ordinance before the pavement is put down, or 
await the reconstruction of said streets. 


20. All persons making excavations in any of the 
public ways of said City shall cause the same to be 
inclosed with a fence three feet high, to prevent persons, 
animals, and vehicles from falling into the same. 


21. Whoever shall dig or cause to be dug any excava- 
tion adjoining any public way, and shall not cause the 
same to be fenced in during the night, while the work is 
in progress, with a substantial fence three feet high, the 
boards or rails of which shall not be more than one foot 
apart, shall be fined as hereinafter provided. After the 
excavation is completed, he shall keep the same so fenced 
during the day as well as the night. 


22. No person shall dig or take any sand, gravel, stone, 
or earth from any public way in said City without the 
permisston of the City Engineer, and any person violating 
the provisions of this Section shall be fined not less than 
five nor more than twenty dollars. 


23. Any person making excayations adjoining the pub- 
lic ways of said City shall so keep the walls of the 
excavation curbed as to prevent any injury to same by 
caving in or falling in of any part of the same; and 
should any part of the public way become displaced by 
reason of such excavation, he shall at once replace the 
same; and for a violation of the provisions of this Sec- 
tion the party shall be fined not less than five nor more 
than twenty dollars for each offense, and ten dollars for 

each day he shall fail to replace the same. 


24. Whoever shall dig a vault, or make any other kind 
of excavation in any public way of said City, shall cause 
the same to be securely arched in, and covered securely by 
grating or other covering, so as to prevent injury to per- 
sons, animals, or vehicles. Any person violating this 
Section shall be fined not less than five nor more than 
twenty dollars. 


521 


An ordi- 
nance to regu- 
lute the man- 
ner of digging 
and making 
excavations in 
and adjoining 
the public ways 
of The City of 
Louisville. 
Approved 
Pate + aye beh eke 
Sec. 1. 


~ 


Id., Section 2. 


Ww 


TId., Section 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


An ordi- 
hance to regu- 
late the use of 
public ways. 
Approved Mar. 
25, 1884. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


PUBLIC WAYS. 


29. Whoever shall dig or cause to be dug any hole or 
make any excavation of any kind in any of the public 
ways of said City, for the purpose of improving the 
adjoining lot or for public works, shall replace the same 
within twenty-four hours after the work is completed. 
Any person violating this Section shall be fined not less 
than five nor more than twenty dollars for each and every 
twenty-four hours he shall neglect or refuse to replace 
the same. 


26. Whoever shall violate any of the provisions of 
Sections 1 and 2 of this ordinance shall be fined not less 
than five nor more than twenty dollars. 


27. It shall be unlawful for any person to place or leave 
any vehicle of any kind on any sidewalk and suffer it to 
remain there any part of the time between the hours of 
6p. M. and 6 A. M. 


28. It shall be unlawful for any one to lead, ride, drive, 
or place any beast of burden or vehicle on any sidewalk 
otherwise than going to or from the premises occupied or 
owned by him or his employer. 


29. It shall be unlawful for any person to use or occu- 
py any part of a sidewalk, street or alley in shoeing or 
preparing to shoe a horse or other animal, or for the pur- 
pose of heating or putting on wheel-tires. 

30. It shall be unlawful for any person to erect, keep 
or maintain on any sidewalk, street, alley or public way 
within The City, any house, fence, wall or building, or any 
part thereof, or any post or rail or other thing that may 
obstruct the street, alley or sidewalk. 

31 It shall be unlawful to inclose in any manner any 
sidewalk, street or alley, or any part of any sidewalk, 
street or alley, with any fence or wall, or in any manner 
whatever, except as may be provided by ordinance. 


32. It shall be unlawful for any person to place, keep 
or maintain on any sidewalk any wood, coal, lime, sand, 
bricks, stone, lumber, or any thing whatever, except as 
hereinafter provided. 


PUBLIC WAYS. 


33. It shall be unlawful for any person to dig, break, 
displace or injure in any manner any pavement or curb- 
ing, except in making improvements to adjoining lots or 
for public purposes. 

34. Whoever shall dig or displace or injure any pave- 
ment or any sidewalk, or displace or injure any curbing, 
in making improvements in adjoining lots or for public 
purposes, shall replace the same in the original condition 
within twenty-four hours after the completion of the 
work. 


35. Any person engaged in doing or causing to be done 
any work which makes it necessary for bricks, stones, 
dirt, sand, gravel, vessels, or other litter or thing to be 
placed in or on any sidewalk shall remove the same, 
together with all litter caused by the work, within twenty- 
four hours after the completion of the work. 


36. Any person engaged in doing or causing to be done 
any work which makes it necessary for bricks, stones, 
dirt, sand, gravel, vessels, or other litter or other thing 
to be placed in or on any street or alley, shall remove the 
same, together with all litter caused by the work, within 
three days after the completion of the work. 


37. It shall be unlawful for any one to use any side- 
walk or any part thereof for the purpose of vending any 
article whatever, or conducting any business, occupation 
or trade, except as may be allowed by ordinance. 


38. It shall be unlawful for any person to throw or 


pour, or permit to run, or cause to be run, over any side- 
walk or any part thereof, any slop, filthy water or impure 
liquids or offal of any kind, or to permit any person in 
his or her employ to do so. 


39. It shall be unlawful for any person to place or 
throw on any sidewalk any filth or offal of any kind, or 
any orange-peel or banana-peel, or the peel, skin or rind 
of any other fruit or thing, or to permit any one in his 
or her employ to do so. | 


40. Any person doing business in The City may use 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


Id., Section 12. 


Id., Section 18. 


Id., Section 14, 


524 


PUBLICGWAYS, 


Id., Section 15. 


Id., Section 16. 


Id., Section 17. 


Id., Section 18. 


pat 
we) 


Td., Section 


Id., Section 20. 


Ordinance, 
approved Apr. 
22,1876. Sec- 
tion 1. 


three and one half feet next to the line of the property or 
curb, but not both, in which such person does business, 
for the ordinary display of his goods. 


41. It shall be unlawful for any person to leave any 
vehicle, or any thing that may be a nuisance or an 
obstruction, in any street or alley within The City, either 
during the day or night. } 


42. For the purpose of erecting houses or other im- 
provements on lots adjacent to any street or alley no one 
shall use more than one third of the width of said street 
or alley for conducting said improvements. 


43. Nothing in this ordinance shall be construed to 
prohibit the necessary use of the sidewalks, both night 
and day, to ship and receive goods and merchandise of 
every kind, and for putting up coal or other fuel, pro- 
vided sufficient passage-way is left for pedestrians. 


44. It shall be unlawful to allow the flowing of water 
from any drain or other pipe in or upon a street, alley, or 
sidewalk during the making, repairing, or reconstruction 
of such street, alley, or sidewalk. 


45. Any person violating any of the provisions of this 
ordinance shall be fined in any sum not less than five nor 
more than twenty dollars for each offense, and five dollars | 
for every twenty-four hours, over the time allowed, any 
person may cause or permit unlawful obstructions of any 
kind to remain in or on any of the public ways of The 
City. | 

46. Ordinances Nos. 491 and 522 are hereby repealed. 
Nothing herein shall be construed to amend, repeal, 
modify, or change Ordinances Nos. 497 and 628. 


47. It shall be unlawful for three or more persons to 
stand in a group, or near each other, on any street or 
sidewalk, so as to obstruct a free passage for foot passen- 
gers ; and any person or persons so obstructing any street 
or sidewalk shall move on immediately when requested 
so to do by the Chief of Police or any police officer. 


PUBLIC WAYS. 


48. Any person who shall violate the provisions of 
Section 1 of this ordinance shall be fined five dollars for 
each offense. 

49. The Mayor is hereby authorized to employ one 
supervisor and one clerk, and such assistants and force 
as he may find necessary to clean the public ways and 
remove the garbage. He shall at the time of employment 
name the compensation of all the employes in said depart- 
ment not herein fixed, and the same shall not be increased, 
either directly or indirectly, during said employment. 

90. For the purposes named in the first Section hereof 
the Mayor is hereby authorized to employ as many drivers, 
carts, and teams as may be necessary, not exceeding 
twenty-four in number, said employment of drivers, carts, 
and teams to be let to the lowest and best bidder after 
advertisement. The said force shall be used under the 
direction of the Mayor in cleaning the public ways and 
removing the garbage. 

91. The Mayor shall have full power to discontinue the 
services or employment of any or all of said force for any 
cause to him satisfactory. 


52. The supervisor shall execute a covenant, with se- 
curity to be approved by the Mayor, for the full and 
faithful performance of all the duties required of him 
while in said employment. 


93. The said supervisor shall keep, or cause to be kept, 
a full account of all work done, the number of men em- 
ployed, number of drivers, carts, and teams, and the 
prices paid each. He shall make a report once in each 
week to the Mayor, and shall as often exhibit his books, 
showing every item of cost, as well as all work done, and 
when and where done, and where the street-cleanings 
have been deposited. Said account, when examined and 
found to be correct, shall be certified to the General Coun- 
cil for allowance. 


54. The City is hereby divided into two scavenger dis- 
tricts, extending from the east side of Third Street east- 


Id., Section 2. 


Art Or Gi = 
nance provid- 
ing for clean- 
ing the public 


ways and 
moving 


re- 
the 


gvarbage. Pass- 


ed Feb. 27,1877. 


Sec. 1. 


Id., Section 2 


Td., Section 3. 


Id., Section 4. 


Id., Section 5. 


An ordi- 


nance to 


pro- 


vide for the re- 
moval of ashes, 
slops, offal, etc. 


Approved 
19, 1865. 
tion 1. 


Sep. 
Seec- 


PUBLIC. Wares 


Id., Section 2. 


Id., Section 3. 


.d., Section 4. 


Id., Section 5. 


General or- 
dinance con- 
cerning street 
sprinkling. 
Approved 
Sept. 18, 1880. 
Sec, 1; 


wardly to the City limits, and from the river southwardly 
to the City limits, for the Eastern District; and from the 
west side of Third Street westwardly to the City limits, 
and from the river southwardly to the City limits, for 
the Western District. 


oo. The City carts employed by the Assistant Street 
Inspectors (as the Council may direct) may pass through 
the streets of their respective districts, at regular periods 
in the morning of each day, and remove all the ashes, 
filth, e¢c., provided by ordinance to be deposited, and 
which shall be deposited in suitable boxes or vessels on 
the sidewalks or in the alleys, as required by ordinance. 


06. The City carts aforesaid shall traverse, for the pur- 
poses aforesaid, the streets running north and south, on 
Mondays, Wednesdays, and Fridays; and the streets 
running east and west, on Tuesdays, Thursdays and Sat- 
urdays of each week, until 9 o’clock A. m., and until they 
shall have passed through the respective districts. 


97. The boxes aforesaid, with their contents, shall be 
placed by those whose duty it is to do so, in the proper 
place in the alley or on the sidewalk, at or before 7 
o'clock A. M. of each day when the same is required to 
be done, that the same may be removed. 


98. It is hereby made the especial duty of the police, 
the Assistant Street Inspectors, and their employes, to 
report promptly all breaches of this ordinance, and of the 
ordinance entitled ‘‘An ordinance to prevent ashes, slops, 
offal, e¢c., being thrown upon the streets, sidewalks, 
alleys, and wharves in The City of Louisville,’? and to 
cause ordinance warrants to be issued on account thereof, 
and, that the same may be duly prosecuted, to furnish 
the City Attorney, in proper time, with the names and 
residence of the parties and witnesses, that they may be 
duly summoned to attend at the trial. 


59. The sprinkling of streets shall be done in such a 
manner as not to become injurious to the health of the 


PUBLIC WAYS. 


public, and subject to the judgment of the Health Officer 
of The City. 


60. In taking water from a fire-plug for street-sprink- 
ling purposes, no leakage or waste of water, either from 
plugs, hose, or sprinkling-cart, or wagon, will be tolerated. 
The orifices of the tube or sprinkler through which the 
water passes from the sprinkling-cart or wagon to the 
street must be circular, and not exceed one sixteenth of 
an inch in diameter, except those within eighteen inches 
from each end of said tube or sprinkler, which must not 
be in excess of =3, of an inch in diameter, and all of said 
orifices must at least be half of an inch distant from each 
other. No tube or sprinkler shall have more than two 
rows of orifices or holes. 


61. Any person found sprinkling streets without a 
license, or who refuses to or fails to show his license when 
called upon by any police officer of The City, shall be 
deemed guilty of a misdemeanor, and accordingly prose- 
cuted, as the law in such cases provides. 


62. It is expressly prohibited that more than one party 
sprinkle the same square. 


63. There shall be an interval of at least one hour 
between the times of sprinkling any street with wagon 
or cart (and no wagon or cart shall, at each time of 
sprinkling, go over the ground twice). 


64. The sprinkling-tube shall not be more than eighteen 
inches above the street. It is strictly prohibited that 
water shall be sprinkled upon the streets in such quanti- 
ties as to create mud or make pools of water in the 
depressions of the streets. The sprinkling must be done 
in such a manner as to only lay the dust. 


65. This ordinance shall not apply to street-sprinkling 
with hose used by private parties. 


66. The orifices or holes in the sprinkler or tube shall 
be placed so as to throw all of the water forward under 
the cart or wagon, and in no instance shall orifices or 


Id., Section 2. 


Id., Section 38. 


Id., Section 4, 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


528 


Id., Section 8. 


Ordinance, 
approved Mar. 
25,1884. Sec- 


tion I. 


Id., Section 2. 


Ordinance, 
approved Apr. 
18, 1883. 


PUBLIG WAYS. 


holes be placed in the end of the tube or sprinkler, and 
care must be taken not to sprinkle the footway crossings 
in order to protect pedestrians from the water. 


67. The violation of any of the provisions of this ordi- 
nance shall be a misdemeanor, and shall be punishable 
by a fine of not less than ten nor more than fifty dollars. 


68. The provisions of this ordinance, as to the size and 
description of sprinkler to be used, shall not take effect 
until ninety days after the approval of this ordinance. 


69. Every person who in this City shall dig, or cause 
to be dug in or adjoining any of the public ways of said 
City, any excavation whatever, shall cause the same to be 
fenced in with a substantial fence not less than three feet 
high, the boards or rails of which shall not be more than 
one foot apart; and every person digging or causing such 
excavation to be dug, and every person who shall occupy 
or cause to be occupied any portion of any public way 
with building materials or other obstruction of any kind 
whatever, shall cause two red lights to be securely and 
conspicuously posted on or near such excavation, ma- 
terial or obstructions, one at each end of the space so 
excavated or occupied by obstructions ; and if the space 
occupied by such excavation or obstruction shall exceed 
fifty feet in extent, then such person shall cause an addi- 
tional light to be posted as aforesaid for every additional 
fifty feet in extent or portion thereof so excavated or 
occupied as aforesaid, and shall keep such lights burning 
the entire night. 


70. Any person violating the provisions of Section 1 
of this ordinance shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be fined twenty 
dollars for each offense. 


71. Whenever hereafter a public way within the City 
limits shall be ordained by said General Council to be 
improved, said improvement, when done under a contract 
with The City, unless otherwise provided in the ordinance 
directing the improvement to be made, shall be made and 


PUBLIC. WAYS. 


529 


done at the exclusive cost of the owner or owners of the 
lot or lots, or parts of lots, ineach fourth of the square or 
squares as directed in the City charter, for which cost a 
tien shall exist, as provided in said charter, against the 
respective lots and parts of lots in each fourth of the 
square or squares, which fourths front or bind on said 
improved public way: and said cost shall be equally 
apportioned according to the number of square feet of 
ground owned respectively by the owner or owners of the 
lot or lots, or parts of lots, in the fourth of the square or 
squares chargeable with the said cost, except that against 
corner lots thirty feet front and extending back of that 
width two hundred feet, or to the depth of said lot if of 
a less depth than two hundred feet, there shall be appor- 
tioned twenty-five per cent. more than against the other 
lots and parts in said fourth of the square. 


72. The ten feet in width lying next to and adjoining 
the property-lines on both sides of Third Street, between 
Kentucky Street and D Street, shall be used as sidewalks, 
and the space remaining on each side between the side- 
walk and the curbstones to be set aside for lawns or grass 
plots. 


73. Eight feet in width, lying next to and adjoining 
the property-lines on both sides of East Broadway, from 
Baxter Avenue to the City limits, shall be set apart for 
sidewalks, and the space remaining on each side, between 
the sidewalks and the curb, is to be set apart for lawns 
or grass plots. | 

74. It shall be lawful for the owners, or a portion of 
the owners, of any lots or lands in that part of The City 
of Louisville formerly known as Portland, and the east- 
ern addition thereto, to file a petition in the Louisville 
Chancery Court against The City of Louisville and the 
owners, or a portion of the owners, of the lots and lands 
to be immediately affected thereby, alleging that a reduc- 
tion of the width of any of the streets or alleys in said 


Portland, or its eastern addition, would not inconvenience 
34 


Ordinance, 
approved July 
2, 1878. 


Ordinance, 
approved Sept. 
15, 1874. 


An act to 
authorize the 
reduction in 
the width of 
streets and al- 
leys in TheCity 
of Louisville. 
Approved Mar. 
30, 1878. 


PUBLIC WAYS. 


An act in 
regard to cer- 
tain streets in 
the City of 
AO TLS bee 
Approved 
April 21, 1878. 


Ordinance, 
approved Dec. 
16, 1882. 


the public, but would benefit the owners of said lots or — 
lands adjoining the said reduction; and upon proof of 
such allegation, the court shall direct and decree such 
streets or alleys to be reduced in width, in such manner 
as the court may deem proper, and the reduction, when 
made, shall belong to the owners of the property contigu- 
ous to the same; and the court may, upon a like pro- 
ceeding, close any of said streets or alleys, and the 
same, when closed, shall belong in equal moieties to the 
owner or owners of the adjoining property on either side : 
Provided, that no street shall be reduced to a less width 
than fifty feet, and no alley to a less width than twenty 
feet, under the authority conferred by this act. Said 
petition may be filed by The City of Louisville with the 
same effect as if filed by a lot-owner; and in anv pro- 
ceeding under this act, if the parties interested be 
numerous, the court shall designate the lot-owners who 
may act as plaintiffs, and prosecute the suit, and other 
lot-owners who, as defendants, may make defense for all. 


75. All streets or supposed streets existing or supposed 
to exist in that portion of The City of Louisville bounded 
by Seventeenth Street on the east, Nineteenth Street on 
the west, Bank Street on the south, and Portland Avenue 
on the north, are hereby discontinued, disestablished, 
and abandoned, except Eighteenth Street, Beard Street, 
and Todd Street: Provided, this act shall take effect 
when approved by the General Council of The City of 
Louisville, and not sooner. 


76. An act of the General Assembly of the State of 
Kentucky, approved on the twenty-first day of April, 
1873, discontinuing, disestablishing, and abandoning all 
streets or supposed streets existing or supposed to exist 
in that portion of The City of Louisville bounded by 
Seventeenth Street on the east, Nineteenth Street on the 
west, Portland Avenue on the North, and Bank Street 
on the south, except Eighteenth Street, Beard and Todd 
Streets, is hereby approved. 


PUBLIC WAYS. 


77. So much of the road heretofore known as the Louis- 
ville and Bardstown Turnpike as is located between the 
south line of Jefferson Street and the southern limits of 
The City of Louisville shall be and the same is hereby 
accepted and declared a public and established street. 
Said street shall be Known and called ‘‘ Baxter Avenue.”’ 


78. The name of the street known as East Main Street, 
extending from Main Street proper to Ohio Street, is 
hereby changed to Story Avenue. The name of the 
street known as Beargrass Street, extending from Ohio 
Street to the Brownsboro Road, is hereby changed. to 
Story Avenue. The name of the public way extending 
along the west side of Beargrass Cut-off, from the Browns- 
boro Road to the Ohio River, shall be Story Avenue. 
The Mayor is directed to have the necessary changes 
made in the names on the public lamps and corner build- 


ings. 


79. The name of Southall Street, from the Shelbyville 
Pike to the Workhouse Road, or Hamilton Avenue, is 
hereby changed to Reservoir Avenue. 


80. The portion of the Shelbyville Turnpike Road 
located within the corporate limits of The City shall 
hereafter be Known and designated as Frankfort Avenue. 


81. The name of the Newburg Road, from the south 
side of Broadway to the southern limits of The City, is 
hereby changed to Barret Avenue. 


82. From and after the passage of this ordinance, the 
names of the following streets in the Western District of 
The City are hereby changed, and shall be known as 
follows, viz: Montgomery Street, from Jefferson Street 
to Broadway, to Twentieth Street ; Eleventh Cross Street 
to Twenty-first Street; Tenth Cross Street to Twenty- 
second Street ; Ninth Cross Street.to Twenty-third Street ; 
Eighth Cross Street to Twenty-fourth Street; Seventh 
Cross Street to Twenty-fifth Street ; Sixth Cross Street to 
Twenty-sixth Street; Fifth Cross Street to Twenty- 
seventh Street; Fourth Cross Street to Twenty-eighth 


531 


Ordinance, 
approved Feb. 
18, 1870. 


Ordinance, 
approved Apr. 
22, 1874. 


Ordinance, 
approved Novy. 
12, 1874. 


Ordinance, 
approved May 
28, 1875. 


Ordinance, 
approved Novy. 
6, 1875. 


An or di- 
nance chang - 
ing the names 
of certain 
streets in the 
Western Dis- 
trict. Approv- 
ed Dee. 9, 1875. 
See. 1. 


PUBLIC WAYS. 


Id., Section 2. 


Ordinance, 
approved June 
25, 1878. 


Ordinance, 
approved July 
10, 1878. 


Street ; Third Cross Street to Twenty-ninth Street ; Sec- 
ond Cross Street to Thirtieth Street; First Cross Street 
to Thirty-first Street; Lock Street and the Shippingport 
Road to Twenty-sixth Street ; Sycamore Street to Thirty- 
second Street ; Fulton Street to Thirty-third Street ; Com- 
mercial Street to Thirty-fourth Street; Grove Street to 
Thirty-fifth Street; Ferry Street to Thirty-sixth Street ; 
Gravier Street to Thirty-seventh Street ; Chestnut Street 
to Thirty-eighth Street; Oak Street to Thirty-ninth Street; 
Columbia Street to Thirty-first Street; Plum Street to 
Thirtieth Street; Cherry Street to Twenty-ninth Street ; 
Vine Street to Twenty-eighth Street; Union Street to 
Twenty-seventh Street ; Front Street to Missouri Street ; 
Market or Second Street to Rudd Avenue; Third and 
High Street to High Avenue; Third Street, from its 
intersection with High Avenue to its eastern terminus, 
to be called Marine Street; Bridge Street to Eigh- 
teenth Street; the road leading from the canal bridge, 
near Eighteenth Street, to Shippingport, including To- 
bacco Street, in Shippingport, to be called Tarascon 
Avenue; Tarascon Street, in Shippingport, to [linois 
Street ; Market Street, in Shippingport, to Porter Street ; 
Front Street, in Shippingport, to McHarry Street ; Second 
Street, in Shippingport, to Plum Street ; Third Street, in 
Shippingport, to Cherry Street; Fourth Street, in Ship- 
pingport, to St. Paul Street; Fifth Street, in Shipping- 
port, to Alabama Street; Jackson Street, in Portland, to 
Florida Street. 


83. The City Engineer is hereby directed to have the 
necessary changes made on the street lamps, house num- 
bers, efc., and charge the same to the incidental expense 
account. 

84. The public way thirty-three feet in width and five 
hundred and forty feet west of Rowan Street, and ex- 
tending from Portland Avenue to: High Street, is hereby 
named Bohne Street, and by that name shall hereafter be 
known. 


85. The name of the street Known as Harney Street, 


PUBLIC. WAY Fe 


east from Twenty-sixth Street to Bank Street, is hereby 
changed to Griffiths Avenue. The Mayor is directed to 
have the necessary changes made in the names on the 
public lamps and corner buildings. 


86. The name of the allev running from Fourteenth 
Street to Twenty-first Street, and between Portland 
Avenue and High Avenue, now known as High Alley ,is 
hereby changed to Tyler Avenue. The Mayor is directed 
to have the necessary changes made in the names on the 
public lamps and corner buildings. 


87. The public way thirty-two feet in width and one | 


hundred and seventy-eight and one-sixth feet north of 
Main Street, and extending from Third Street west two 
hundred and seventy-seven feet, is hereby named Murrell 
Court, and by that name shall hereafter be known. 


88. The thirty-foot alley east of and adjoining the 
Louisville and Nashville Railroad right of way, and from 
the south line of Churchill Street to the north line of 
Oak Street, is named and shall be known as ‘‘ Big Mack 
Avenue.”’ 


89. The name of the street east of Johnston Street, 
‘known as Mary Street, and running from Market Street 
to Story Avenue, is hereby changed to Bickel Avenue. 
The Mayor is directed to have the necessary changes made 
in the names on the public lamps and corner buildings. 


90. The name of Monroe Street, between Tenth. and 
Twelfth Streets, is hereby changed to *‘ Rowan Street.’’ 


91. The name of the public way from Twenty-Sixth 
Street west, Known as the Fountain Ferry Road, is hereby 
changed to ‘‘ Market Street.”’ 


92. The name of the street known as Shipp Street is 
hereby changed to Burnett Avenue. The Mayor is 
directed to have the necessary changes made in the names 
on the public lamps and corner buildings. 


93. The forty-foot right of way running from Rowan 
Street to Bank Street, and between Twentieth Street and 


Ordinance, 
approved Apr. 
25, 1879. 


Ordinance, 
approved Jan. 
10, 1880. 


Ordinance, 
approved Apr. 
10, 1880 


Ordinance, 
approved Noy. 
5, 1880. 


Ordinance, 
approved Mar. 
14, 1882. 


Ordinance, 
approved Apr. 
5, 1882. 


Ordinance, 
approved June 
26, 1882. 


Ordinance, 
approved Sept. 
7, 1882. 


534 


PUBLIC WAYS. 


Ordinance, 
approved Jan. 
27, 1888. 


Ordinance, 
approved Apr. 
24, 1883. 


Ordinance, 
approved May 


31, 1883. 

Ordinance, 
approved May 
24, 1883. 


Ordinance, 
approved May 
7, 1883. 


Twenty-Second Street, is hereby named Twenty-First 
Street. 


94. The thirty-foot alley extending from the first alley 
west of Fourth Street to Seventh Street, and between 
Zane Street and Oak Street, be named and shall be known 
as Bertrand Street. 


95. The avenue embracing the right of way of the 
Louisville and Nashville Railroad Company and the 
thirty-foot tracts on each side, that on the east side ex- 
tending from Churchill Street to Ormsby Avenue, and 
that on the west side extending from the first alley north 
of Churchill Street to Ormsby Avenue, shall be known 
as Nashville Avenue. The Mayor is directed to have the 
name placed upon the public lamps at all intersecting 
streets. This ordinance shall not interfere with any of 
the rights and privileges of the Louisville and Nashville 
Railroad Company. 


96. The public way, thirty feet wide, and extending 
from Garden Street to Broadway, in the line of Barret 
Avenue (if extended), is named Preston Lane. The 
Mayor is authorized and directed to have the name placed 
upon the gas-lamps at the corners of the streets. 


97. The name of the street known as Caroline Street, 
extending from Baxter Avenue southwestwardly, being 
parallel with Christy Avenue and the first street south- 
eastwardly from the same, shall be changed to Morton 
Avenue. The Mayor is hereby directed to have the name 
of Morton Avenue placed upon the public lamps at the 
corners of .said street. 


98. The name of Magazine Street, from Seventh Street 
to Eighth Street, is changed to ‘‘ Lucas Place,’? and by 
that name shall be hereafter known. 


ges> See BRIDGES AND FERRIES—BUILDINGS—CISTERNS, WELLS, AND 
HypDRANTs — CONDEMNATION — CoNTRACTS—CoORPORATE PowERS—ENGI- 
NEER—FINANCE—F INES AND MISDEMEANORS—GAS—GENERAL CoUNCIL— 
HratrH—LicensE—RAILROADS (STEAM)—RAILWAYS (STREET)—SEWAGE 
AND DRAINAGE—STREET IMPROVEMENT—TELEGRAPH, TELEPHONES AND 
ConpDuItTs. 


PUBLIC WAYS. 


e>y 


The unreported opinion in the case of Graham v. White, Court of Appeals, 
Dec. 16, 1862, is as follows: 

“ We are of opinion that the judgment in this case can not be sustained. 
By the second Section of Article 7 of the City charter, the General Council 
have no power to pass an ordinance for the improvement of a street or alley, 
by grading, paving, etc., unless such improvement shall have been petitioned 
for by the owners of a majority of the feet of ground in front of said 
improvement, or unless it shall have been voted for by two thirds of the 
members elected in office in each Board of the General Council,’ the final 
vote to be taken by yeas and nays and recorded in the journal of the pro- 
ceedings of each Board of said Council. The ordinance of April 17, 1856, 
authorizing the improvement of a part of Portland Avenue, provides that 
for twenty-six feet through the center of the avenue The City was to pay, the 
residue of the width, including the curbing, to be paid for by the owners of 
property fronting on said Avenue, provided the Mayor shall, before ad- 
vertising for the work, obtain the signatures of [the owners] of a majority of 
feet of ground. On the nineteenth of June of the same year the contract 
sought to be enforced in this case was entered into. By the terms of this 
contract the improvement was to have been completed by the first of March, 
1857. But at that date the work had not been even commenced, and on the 
twenty-fourth of the same month, the time for its completion was extended 
to the first of October, 1857. On the nineteenth of that month, the time was 
again extended to the first of December following. It is not pretended that 
the signatures of the owners of a majority of the feet of ground fronting 
this improvement were ever at any time obtained. And the question is, 
Could the lot-owners have been made liable under this ordinance upon any 
contract entered into by the Mayor without his having previously obtained 
the required signatures? We think not. The evident meaning of the pro- 
viso contained in the third Section of the ordinance is, that the Mayor should 
not be authorized to advertise for the work, or contract for its execution so 
as to bind the lot-owners or their property for any portion of the cost of the 
improvement except upon the consent of the owners of a majority of feet of 


ground, such consent to be manifested in the mode prescribed. True, the 


Council had the power to bind the lot-owners, without their consent, by ¢ 
vote of two thirds of the Council, taken by yeas and nays, ete. They did 
not choose, however, to exercise that power in this instance. They chose to 
make the liability of the lot-owners to depend upon another and different 
condition—a condition which they had an undoubted right to prescribe. Nor 
would it be unreasonable to assume that they never would have ordered the 
improvement by the requisite majority on any other terms. That condition 
was never performed, and the necessary consequence is that if the contractors 
had gone on under their contract to complete the work, even within the 
time limited, and conformably in all other respects to the ordinance, they 
would have been entitled to no hen upon the property of the lot-owners. 
Whether if the Mayor had obtained the requisite consent of the lot-owners, 
in whole or in part, after the advertisement but before entering into the con- 
tract, it would have been a sufficient compliance with the ordinance, is a 
question not presented and which need not be answered. But it appears that 
no work was done under the contract up to the twentieth of June, 1857, 
when an ordinance was passed, on the petition of the contractors and their 
sureties, by which bowlders only four inches in diameter were allowed to be 


536 


PUBLIC WAYS. 


used instead of five-inch bowlders, and which also provided that the contract 
in question should not be annulled or affected except in respect to the size of 
the bowlders, and that in every other respect the contract was to remain in full 
force and effect. The ordinance, however, under which the contract was 
made was repealed. Did this ordinance have the effect to create a’ lien on 
the property of the lot-owners for any part of the cost of the work? It 
certainly did not, and for this obvious reason, if there were no other, the 
record wholly fails to show that the ordinance was passed by a vote of two 
thirds of the Council or that the vote was taken by yeas and nays and re- 
corded, as required by the charter. In the case of KKaess etal. v. J. Hall et al., 
(13 B. Mon., 455,) it was decided to be necessary to the validity of such an 
ordinance, that the record of the proceedings of the Council should show, 
not only that there was a vote of the two thirds, but that it should also show 
the votes themselves, and that the omission to enter the votes on the record 
vitiated the ordinance, so far at least as the lot-owners were concerned; and 
that the requisition in the newcharter of Louisville that there shall not only 
be a vote of two thirds, but that it shall be evidenced by the yeas and nays 
entered on the record was intended to remove all ground of uncertainty and 
presumption, and to make the record of the yeas and nays the essential and 
exclusive evidence of the requisite majority having voted for the ordinance. 
‘And we do not feel authorized to relax any check placed by the legislature 
upon the exercise of a power so absoltte, and often so oppressive, and always 
so liable to abuse, as that conferred by this Section.’. The record of the pro- 
ceedings of the Council, filed by the appellees with their petition, being 
defective in those essential particulars, they have failed to present a case en- 
titling them even prima facie to relief against appellants. Numerous other 
grounds of reversal are relied on by the appellants, which it is not necessary 
to notice. It will be proper on the return of the cause to allow the appellees 
and The City of Louisville so to amend their pleadings respectively, if they 
shall offer to do so within a reasonable time, as to enable them to litigate any 
question that may arise between them in consequence of this decision. As 
to the appellants, the action should be dismissed. It is proper to remark that 


‘although the appellees prayed an appeal in the court below from the judg- 


ment dismissing the petition as against The City, yet that appeal has not 
been prosecuted here and isnot now before us. But if it were, the directions 
just given would be equally proper in the present state of the record. Where- 
fore the judgment is reversed, and the cause remanded for further proceedings 
in conformity with this opinion.” 


The unreported opinion in the case of Pope v. Terry’s Executor and The 
City of Louisville, Court of Appeals, Feb. 24, 1875, is as follows: 

“The principal ground of defense relied on in these two causes, is that Bax- 
ter Avenue is not a ‘public way’ within the meaning of that term, as used in 
Section 12 of the City charter. It certainly is a road or public highway. It 
is within the corporate limits of The City. It is, by the express language of 
said Section, subject to the management and control of The City, provided 
the right to manage and control it can be exercised without an invasion of 
some private right. The purchase from the turnpike company invested The 
City with the title to the road or highway as against that corporation. It 
only remains to be determined whether Morton’s heirs have any such interest 
in or title to the road-bed as precludes the City government from managing, 


PUBLIC WAYS. 


controlling, and improving said avenue, pursuant to the provisions of the 
City charter. Mrs. Caroline H. Preston, by deed of conveyance regularly 
executed, and delivered on the twenty-sixth day of March, 1832, granted, bar- 
gained, and sold to the Louisville Turnpike Company, ‘the right, and privilege, 
and fee’ to the strip of sixty feet of ground upon which it subsequently con- 
structed its road; the consideration for the conveyance was one dollar in 
hand paid, and the advantage the construction of the turnpike road would be 
to the grantor’s land. This conveyance has since been repeatedly recognized 
by the heirs of Mrs Preston, who have claimed and accepted all the advan- 
tages accruing to them from the conditions of the grant, including that of an 
alleged oral agreement that they should be allowed to pass and repass upon 
the road without the payment of toll. We will not stop to inquire as to the 
exact nature of the estate the company acquired in the road-bed by virtue of 
this conveyance. It certainly did acquire, for the benefit of itself and its 
lawful successors, a use in, and a right of way over, the land granted, to be 
held and enjoyed forever, or so long as the use or right of way should be de- 
voted to the purposes of a public highway. The City is the lawful successor 
of the turnpike company. It is now devoting, and it proposes for all time to 
come to devote, the strip of ground to the purpose for which it was granted, 
It has merely exercised the right of transforming a turnpike road into a street, 
over which Preston’s heirs and all other persons are allowed to pass with- 
out the payment of toll. The City, in the exercise of an expressly-delegated 
power, purchased from the turnpike company its use in or right of way over 
this ground. Ifthe company had refused to sell, The City would have had 
the power and authority to acquire title by the condemnation of such estate in 
the lands as was held and owned by the turnpike company.—Section 10, City 
Charter. The City was not bound to purchase, nor would it have been com- 
pelled to condemn any greater estate than was necessary for the accomplish- 
ment of its ends. <A use in the land is all that is requisite for the purpose of 
a street, and therefore, if it be true as matter of law (a question of law which 
we do not decide,) that the fee remains in Preston’s heirs, still The City holds 
such an estate in the land as to authorize it to manage, control, and improve 
Baxter Avenue, as other public ways are managed, controlled, and improved 
under the provisions of its charter. The duty imposed upon the turnpike 
company, by the twelfth Section of its act of incorporation, of keeping its road 
in repair, was intended for the public good, and not for the benefit of those par- 
ties who might be induced to grant to it the right of way. The City has now 
undertaken the performance of this duty, and is proposing to provide for the 
payment of the expense thereby incurred in the manner prescribed by the 
twelfth Section of its charter. The contract between the turnpike com- 
pany and Mrs. Preston does not so bind the public, as to exempt her 
heirs and vendees from the burdens imposed upon other property-holders 
in The City for the improvement, reconstructing, and the keeping in repair 
the public streets upon which their property binds. So soon as The City, in 
the exercise of its power, acquired title to the turnpike road and converted 
it into a street, every person owning real property constituting part of any 
quarter section binding on such street became at once liable to be assessed 
for the cost of any improvemement that The City might deem it necessary 
and proper to make in the original construction, or in the reconstruction of 
the new public way. Mrs. Pope made her answer a cross-petition against 
the contractor and The City, and asked a judgment for damages upon an 


538 


PUBLIC VWAYS. 


alleged counter-claim, growing out of the manner in which Baxter Avenue 
had been improved. She says that plaintiff, in making the improvement of 
Baxter Avenue as aforesaid, constructed it so that all of the surface-water run- 
ning on said avenue from the intersection of Broadway and Baxter Avenue 
south, and from the City limits north, will empty into and run through that 
part of her lot which lots next to the Newburg Turnpike.’ She then describes 
the manner in which the water runs through her land, the difficulty of con- 
trolling it, and her inability to protect her property against its ravages, and 
alleges that ‘she has already been injured at least one thousand dollars by 
said surface-water, which has been thrown upon her lands as aforesaid. 
Terry’s representatives demurred to this cross-petition, so far as it sought 
relief against them, and their demurrer was sustained. The City answered, 
and upon final hearing the cross-action against it was dismissed without pre- 
judice. The cross-petition as to Terry’s executors was fatally defective- 
Although it is alleged that the improvement was so constructed as that the 
surface-water running from the intersection of Broadway on the south, and 
the City limits on the north, ‘will run through’ Mrs. Pope’s lands, it is 
not alleged that the street has been so constructed, or the work so done, as to 
cause the water to flow upon her lands. The cross-petition does not show 
that the grade of the turnpike road has been altered, so as to change the flow 
or increase the volume of the surface-water, nor that anything done by the 
contractor or by The City has caused one drop of water to flow over appel- 
lant’s lands that would not have flowed over it if the work had not been 
done. Mrs. Hepburn sets up the same character of cross-action. She says 
that the street is so constructed that certain surface-water ‘will empty into 
and run across her aforesaid land,’ to her great damage, etc., and that the 
improvement now causes all the water on Baxter Avenue to run on and 
through her land. Her cross-petition, like that of Mrs. Pope, is defective, 
and the demurrer of Terry’s executors was properly sustained. The cross- 
actions attempted to be asserted against The City, even if its answers cure 
the defects in the cross-petition, are not germane to these proceedings. Ap- 
pellants do not set upa state of facts showing that they have joint causes of 
action against the contractor and The City. Therefore a judgment against 
The City could not be set off against either of the contractor’s claims. Be- 
sides, the proof shows that if either appellant has sustained damage, it is a 
consequential injury, resulting from the work itself, and not from the man- 
ner of its execution. To show further that if any such damage has been 
sustained, it results in part from the grading and paving of East Broadway 
Street in Henning & Speed’s Highland Addition. Neither the cross-petition 
nor the proof can be regarded as making out against the contractor a claim 
to damages in behalf of either of appellants. There is still another reason 
why these claims should not have been asserted in these actions. They are 
for unliquidated damages, which ought in all cases to be assessed by a jury. 
The Chancellor should not undertake to settle such questions, in any state of 
case, unless they are so intimately connected with the subject matter of the 
main issue that he can not avoid doing so. The amendment to Section 125 
of the Civil Code was not intended to authorize such cross-actions as these 
in proceedings in equity. The claims asserted by the cross-plaintiffs against 
their co-defendants do not necessarily affect the actions of Terry’s executors, 
and do not owe their existence (if they do exist) exclusively to the work done 
and performed by the contractor. We do not regard them as the proper 


PUBLIC WAYS. 


subjects for cross-actions, under the circumstances of these cases. Without 
expressing an opinion as to the sufficiency in law of either of the cross- 
petitions, or as to the character of the proof offered to sustain them, we 
adjudge that their dismission without prejudice does not so injuriously affect 
the substantial rights of the appellants as to authorize the reversal of the 
judgments complained of. Appellants raise no material issue by their plead- 
ings, except the two already considered. The judgments against them must 
therefore be affirmed, upon their appeals, as to Terry’s executors, and also as 
to The City of Louisville.” 


The unreported opinion in the case of Obst v. City of Lowisville, Court of 
Appeals, March 20, 1873, is as follows: : 

“The Chancellor was compelled to refuse appellant relief as against The 
City of Louisville. The contract clearly and correctly sets out the work to 
be done. The City Engineer had no power to alter its terms, nor to autho- 
rize appellant to do more work than The City had employed him to do. His 
good faith can not change the law. The City of Louisville can bind itself 
by contract for the improvement of its streets in but one way, and that is 
pointed out by its charter. The law will imply no obligation on the part of 
The City to pay for work procured to be done by the City’s officers, unless 
the contract has been executed, signed and approved, as provided by the 
charter and the general ordinance regulating the manner in which such con- 
tracts shall be made.—-Murphy v. The City of Louisville, MSS. opinion, 1872. 
The rules of law applicable to private corporations do not, in matters of this 
kind, apply to municipal or public corporations. The approval of the 
Engineer’s report, and the issual of the warrant against Richardson for the 
value of the work, did not commit The City to its payment. That the Gene- 
ral Council, with the approval of the Mayor, might make an appropriation 
out of the City treasury to pay for the extra work done at the instance of 
the City. Engineer, may be conceded, but inasmuch as no such appropriation 
has been made, the courts have no power to interfere.” 


The unreported opinion in the case of Black et al. v. Walker et al., Court of 
Appeals, September 26, 1874, is as follows: 

“There is no doubt but what the alley improved is a public alley, and if 
the improvement made is authorized by the City charter, and its provisions 
complied with, there is no reason why the property-owners should not be 
responsible for the costs. That the City Council failed to improve to the 
extent asked for by the petitioners, is no reason why they should be relieved 
from the tax. The Council had the power to order the improvement without 
any petition, and having done so in the manner provided by the charter, the 
tax should be imposed. The contract was made and performed by the 
appellants in strict compliance with the law, and no reason appears for with- 
holding from them their money. The rule of the charter is that the cost 
shall be charged to the quarter square binding on the improvement. Thir- 
teenth and Seventeenth streets are designated by some as alleys and by others 
as streets. If streets, there is no difficulty in making the assessment as 
provided by the charter and ordinance. The assessment, as made in this case; 
is against the property fronting or binding on the improvemement, as 
provided by the old charter. The ordinance directing the mode of taxa- 
tion must be complied with. When the apportionment is improperly 


939 


540 


PUBLIC WAYS. 


made, it is the duty of the court to correct. it. Section 12, City char- 
ter, provides that the General Council, or the courts in which suits are 
pending, shall make all corrections, to do justice to the parties concerned. 
If the ordinance has been complied with in every other respect, as has been 
done in this case, and the property-owner is made to pay too much by the 
apportionment, the Chancellor should make him pay only the amount for 
which he is liable. That the property included in the quarter square has 
been taxed to make other improvements is no reason why it should be exempt 
from taxation in this case. In this case The City had the power to make the 
improvement. The contractors have performed their contract, and must 
have their money. The judgment is reversed and cause remanded for fur- 
ther proceedings consistent with this opinion.” 


The unreported opinion in the case of Dulaney and others vs Bowman & 
Co., Court of Appeals, Jan. 29, 1875, is as follows: 

“By an ordinance passed by the General Council of The City of Louis- 
ville ana approved by the Mayor on the eleventh of September, 1872, it was 
ordained that Eighteenth Street, from the south side of Kentucky Street to 
the center of Oak Street, be improved by grading the same according to the 
provisions of an ordinance approved on the fifth of May, 1870, entitled, ‘An 
ordinance concerning the improvement of streets, and curbing the same 
with stone-curb and corner-stones at the intersection of streets and alleys, 
block-paving the gutters, making foot-crossings and paving the carriage-way 
between the gutters with Macadam pavement, according to the provisions of 
the before-mentioned ordinance; the work to be done at the cost of the 
owners of ground fronting Eighteenth Street on the east to one half the dis- 
tance to Gaulbert Street, and on the west side to the depth of two hundred 
and ten feet—the work to be contracted for by squares. The work from the 
center of Harney Street to the center of Gallagher Street, one square, was 
let to G. W. Hider, who gave bond, and on the second day of October entered 
into a written contract with The City to do the work according to the pro- 
visions of the ordinance of the eleventh of September, 1872, and the fifth of 
May, 1870, and to complete the same within nine months from the date of 
the contract. In March, 1873, the contract was transferred by Hider to the 
appellees, Bowman & Co., with the assent of the General Council. Bowman 
& Co. did the work according to the specifications of the ordinances men- 
tioned in the contract, and it was received by The City, and an apportion- 
ment of the cost among the owners of adjacent lots and ground was made by 
the City Engineer and approved by the General Council; apportionment 
warrants were issued in accordance with the requirements of the charter and 
ordinances, and the appellees, W. H. Dulaney and G. F. Downs, who owned 
lots on the east side of Eighteenth Street, and Mrs. M. J. Dulaney, wife of 
W. H. Dulaney, who owns as general estate the ground on the west side of 
EKighteenth Street from Harney to Gallagher Street, having refused to pay 
the assessment against them for that part of the cost of the street improve- 
ment apportioned against them respectively, this suit was brought for the 
purpose of enforcing an alleged lien in favor of the appellees, Bowman & 
Co., and to sell the lots and ground of the appellants, Downs and Dulaney, 
and of Mrs. Dulaney, to satisfy the claims against them respectively. The 
appellants all denied that the ordinance of the eleventh of September ordain- 
ng the work to be done was passed at their instance or request; they also 


PUBLIC WAYS. 


denied, that said ordinance was legally passed by the General Council, or that 
it is legal or valid, or that the contract was a legal or valid contract, and they 
denied that the apportionment of the cost of the work was legal or properly 
made, or that they or either of them is liable for any part of the cost of said 
work. Mrs. Dulaney and her husband, as to the ground owned by her, say 
that she owns by descent from her father one hundred and seventy-three 
acres of land adjoining and on the west side of Highteenth Street, that said 
land is and has been for many years past continuously used for agricultural] 
purposes, and has not been divided into lots or devoted to City purposes, and 
that it was not brought within the City limits at the request of herself or her 
husband; that the extension of the City limits, to bring said tract of land 
within them, was unnecessary and unreasonable—that she does not derive any 
greater advantages by said extension than were enjoyed before it was made; 
that her land is not required, is not necessary for City purposes; that the 
chief object of the extension was to increase the revenue of the City without 
regard to her interest, and that the effect of a recovery by the contractors 
will be to subject her property to burdens for the benefit of others without 
benefit to her. They also allege that for many years before and up to within 
a short time of the doing of the work, the price of which is sued for, 
there was a turnpike road where Eighteenth Street now is, which was 
owned and kept in repair by a turnpike company; that said tract of land 
bordered on the turnpike, and by means of that road access could be had 
to the tract of land; that The City bought so much of the turnpike as 
was witnin its limits, but refused to keep it in repair. In view of 
the fact that the land of Mrs. Dulaney is used only for agricultural 
purposes, and the alleged: lack of any benefit resulting to her from the 
improvement, it is claimed that the assessment as to her is in violation of 
that part of Section 14 of Article 13 of the constitution of Kentucky which 
reads as follows: ‘Nor shall any man’s property be taken or applied to public 
use without the consent of his representatives and without just compensation 
being previously made to him.’ The Vice Chancellor rendered judgment 
decreeing a lien on and a sale of the property of Downs and Dulaney and 
wife, and they have appealed. 1. The charter of Louisville, passed in 1870, 
provides for constructing and reconstructing streets when the entire territory 
through which such streets passed has been defined into squares by principal 
streets, but does not provide for assessments to pay for improving or repairing 
streets when squares are not thus laid off—Caldwell et al. v. Rupert et al., 9 
Bush; Craycroft v. Redd §& Bro., MSS. Opinion, April 10, 1874. But by an 
act of February, 1872, it is provided that the General Council should have 
power to provide by ordinance or resolution for the improvement of public 
ways when the contiguous territory is not defined into squares by principal 
streets; that act also provides that in such cases the ordinance or resolution 
shall prescribe the depth on both sides of the street to be assessed for paying 
the cost, and the apportionment is required to be according to the number of 
square feet owned by the parties respectively within the depth prescribed by 
the ordinance.—Sec. 9, Lucas’ Charter and Ordinances, p. 71. The charter, 
as originally passed, and which was, on this point, applicable alone to terri- 
tory defined into squares, provided the same basis of apportionment, except 
that corner lots, to the width of not more than thirty feet and to a depth to 
be prescribed by ordinance, were required to be taxed twenty-five per cent. 
more than other lots. The territory east of Eighteenth Street was defined 


542 


PUBLIC WAYS. 


into a square, but that on the west was not, and in making the apportion- 
ment the northwest and southwest corner lots were assessed at twenty-five 
per cent, more than any others, but on the west side of the street the whole 
was assessed at the same rate because it did not compose a part of a square 
East of the street the territory was assessed to one half the depth of the 
square extending from Eighteenth to Gaulbert Street, and as these streets do 
not run parallel to each other, the distance to which the taxing district 
extended back from Eighteenth Street was not the same on all the lots, the 
distance at the northwest corner being one hundred and eighty feet, and at 
the southwest corner three hundred and eleven. It will thus be observed 
that the original charter and the amendment of February, 1872, were both 
resorted to for rules to govern the assessment. On the east side, the assess- 
ment extended one half the distance from Eighteenth to Gaulbert Street, and 
corner lots were assessed twenty-five per cent. more than other lots, as 
required by the original charter, while on the west side the assessment was 
extended back two hundred and ten feet, as prescribed by the ordinance 
passed under the amendment to the charter. This seems to us to have been 
correct. The original charter and the amendment must not be construed as an 
act, and when so construed the requirement is, as to defined squares, that the 
assessment shall be by the fourth of a square, and as to territory not so 
defined the General Council is left to fix the depth to which it shall extend. 
The appellees had a lien on the ground assessed, for although it is not given 
by the act of February, 1872, when that act is considered by itself, yet it 
may be given by Section 12 of the original charter, for the cost of improy- 
ing public alley-ways, and when by amendment of the charter other ways 
were authorized to be improved at the cost of the owners of property, a lien 
exists under Section 12, for the latter are as much public ways as those autho- 
rized by the original charter. 2. It is insisted that because the depth to 
which the assessment extended on one side of the street is greater than that 
to which it extended on the other, that the assessment is therefore unequal 
and a violation of the rule that taxation must be uniform, Exact equality 
in taxation is not always attainable, and it is not perceived how it could have 
been more nearly attained than it has been in this case. The assessment was 
on the square foot, and each lot-owner was required to pay a proportion of 
the cost equal to the proportion which the number of feet owned by him 
bore to the whole number of feet in the boundary taxed. No reason is per- 
ceived why the General Council should have so laid out the district on the 
west of the street as to make it contain exactly the same number of feet con- 
tained in one half the square on the opposite side. The evidence shows 
that if the street next west of Kighteenth Street was extended through 
to Gallagher Street the square bounded by Harney, Eighteenth, Galla- 
gher, and the street west of Eighteenth, would be four hundred and 
twenty feet deep from Kighteenth Street west, and it may safely be assumed 
that if the street is ever extended that will be the size of the square. 3. Sec- 
tion 7 of the City charter provides that no ordinance shall be passed by the 
General Council until it shall have been read in each Board at two regular 
meetings and free discussion allowed therein, unless that provision should be 
suspended by avote of two thirds of all the members-elect to the Board in which 
the proposed ordinance is pending. The proceedings of the Board of Alder- 
men show that the ordinance for improving Kighteenth Street ‘was read once 
and ordered to be read a second time, and the second reading being dispensed 


PUBLIC WAYS. 


with by a vote of two thirds of the members-elect, the same was passed—yeas 
nine, nays none.’ This seems to us to have been a literal compliance with 
the charter provision. To dispense with the second reading was to dispense 
with the provision that the reading should be at two several meetings, for if 
the reading at any time be dispensed with, this necessarily dispensed with 
such reading at a subsequent meeting. Having dispensed with the second 
reading entirely, it can not have been necessary to recite on the record that 
such reading at the next or some subsequent meeting was dispensed with. 
4, The charter requires ordinances for the improvement of public ways, when 
not petitioned for by the owners of a majority of the square feet of ground 
liable to be assessed for such improvement, to be voted for on their final pas- 
sage, by yeas and nays, and to receive the vote of a majority of the member 
elected to each Board of the General Council. The ordinance for the im- 
provement of Eighteenth Street was so passed, but the ordinance of the fifth 
of May, 1870, which prescribed how improvements shall be made, and which 
is referred to both in the Eighteenth-Street ordinance and in the contracts 
was not so passed, and it is argued that the assessment is for that reason ille- 
gal. The ordinance of the fifth of May is not an ordinance for the improve- 
ment of a public way; it simply prescribes how improvements of certain 
kinds or classes shall be made. If that ordinance had never been enacted at 
all, or had been repealed, or if the Highteenth-Street ordinance had referred 
to a report of the City Engineer for the kind and specifications of the work; 
or to an identified paper not even of an official character, it would have been 
sufficient. 5. Nor do we concur with counsel for the appellants that the 
Eighteenth-Street ordinance is invalid because Ordinance 377 had not been 
formally repealed. The provision in the charter of 1870, that the ordinances 
then in force should remain in force until repealed, did not render an express 
repeal necessary, nor give to these ordinances the dignity or force of State 
statutes. The only object. of the legislature in enacting this provision was to 
prevent the repeal of such parts of the old charter as were repugnant to the 
new from operating, as it might otherwise have done, to repeal the ordi- 
nances passed under it. 6. The City charter provides ‘that improvements, as 
applied to public ways, shall mean a/d work and material used upon them in 
the construction and reconstruction thereof, and shall be made and done, as 
may be prescribed by ordinance, at the ecclusive cost of the owners of lots in 
each one-fourth of a square, ete. Under this provision all construction and 
reconstruction of the public ways of The City are required to be done at the 
cost of the owners of lots in each fourth of a square—i. e., the lots in each 
fourth of a square must be taxed to pay for the construction and reconstruc- 
tion of the public ways adjacent to such fourth of a square, and as the law 
contemplates the improvement of the whole street at the cost of lot-owners, 
it results of necessity that each fourth of a square must be assessed for its 
proportion of street intersections. The ordinance required the contracts for 
the improvement of Eighteenth Street to be by squares—i. e., that all that part 
of the street for improving which the lots on the adjacent squares were liable 
should be included in one contract, and one half the width of Harney and 
Gallagher Streets was therefore properly included in the contract in this case. 
7. The contract and ordinance for improving Eighteenth Street provided for 
the construction of foot-crossings across that street, but instead of putting 
them across it, they were constructed longitudinally with Eighteenth Street, 
extending half way across Harney and Gallagher Streets. This was not a 


544 


PUBLIC WAYS. 


compliance with either the ordinance or the contract, and it is insisted there- 
fore that the lot-owners are not hable for any part of the work done. These 
foot-crossings, at the contract price, cost $106.37; and this cost is 
included in the apportionment against the appellants and in the de- 
eree of the Vice-Chancellor. No objection was taken in the answer to 
this item nor to any other, except by the general denials recited in the begin- 
ning of this opinion. The Engineer’s report of the apportionment, in which 
each item of the work done is separately and plainly stated, seems to have 
been filed with the petition, and it was appellants’ duty to set forth in their 
answers any deviation from the terms of the contract which they meant to 
rely on to reduce the amount of the recovery. The work having been ac- 
cepted by The City, the lot-owners were certainly bound to pay so much of 
it as was in fact done according to the ordinance and contract, and if any 
part of it was not so done that fact should have been set up as a partial 
defense, and the charge for it might have been deducted from the contract 
price of the whole work. But as the appellants chose to rely upon a defense 
to the whole action, they are not entitled to the benefit of a partial defense 
not made. We do not mean to be understood as deciding that mere defects 
in the execution of work of this kind can be inquired into after the work has 
been received by The City; all we mean to say is that if an item of work 
stipulated for is not done at all or is done wholly outside of the requirements 
of the ordinance and contract, the lot-owners may present that fact as a defense 
protanto. 8. Both the ordinance and contract sufficiently indicate the kind of 
improvement to be made on the carriage-way. They both require Macadam 
pavement, which is distinguished from “Telford Macadam pavement” by the 
ordinance of the fifth of May, 1870.- 9. The City Council is made the ex- 
clusive judge of the necessity and propriety of making any street improve- 
ment which it has authority to contract for, and we need not, therefore, stop 
to inquire whether the old-time pike, which formerly occupied the present 
site of Eighteenth Street, was sufficient for the public use or for the comfort 
and convenience of the owners of property situated on it. 10. The only 
remaining question deemed necessary to be particularly noticed is, whether 
the land of Mrs. Dulaney is exempted from the assessment on account of its 
location and use? The evidence shows that for a considerable distance south 
of Harney Street the ground east of Eighteenth Street has been laid out 
into squares separated by principal streets, and the squares subdivided into 
lots, many of which have been sold and improved; it also shows that lots 
between Harney and Gallagher on Eighteenth Street, and directly opposite 
to the land claimed to be exempted as farm-land, are worth from fifteen to 
to twenty-five dollars per front foot, and that Mrs. Dulaney’s land has been: 
considerably enhanced in value by the improvement. Her land is only sepa- 
rated by an ordinary street from the exterior limits of property around and 
used exclusively as City property, and which is to all intents and purposes a 
part of The City. While we have repeatedly held that town taxation may 
be asserted by the judiciary, on the ground that it is in effect the taking of 
private property for public use, we have constantly said in effect that such 
attempted taxation must be a flagrant outrage or palpable wrong before the 
courts can interfere.—Cheaney v. Hoozer, 9 B. Mon., 346; Covington v. South- 
gate, 15 B. Mon., 498; Louisville v. Courtney, MSS. opinion. The court must 
be able to see clearly and without danger of mistake that the exaction is not - 
in any proper sense a tax, but is in fact but legalized spoliation under the 


PUBLIC WAYS. 


guise of taxation. It is impossible to say on the facts in this record that it is 
palpable that Mrs. Dulaney’s land has been subjected to burthens without 
benefit to her. The evidence shows the contrary, and we can not say that to 
compel her to pay the assessment would be the taking of her property for 
public use without compensation. Wherefore the judgments appealed from 
are all affirmed.” 


The unreported opinion in the case of Kellar v. City of Louisville, Court 
of Appeals, March 12, 1880, is as follows: 

“The bridge at which the appellant was hurt was entirely outside of the 
street. The City has never undertaken to improve the street at or near the 
ditch crossed by the bridge, and the evidence was not sufficient to show or to 
authorize the jury to find that the public convenience required it to be im. 
‘proved. If The City had improved the street, and thus invited the public 
to travel along it, and had provided no other means of crossing the ditch, 
such action would have been an invitation to the public to use the bridge 
outside of the street, and it would have been immaterial that the bridge* was 
not in the street and was not erected by The City. But as The City had not 
improved the street, nor invited the public to use it, and nothing was shown 
which made it the plain duty of The City to improve it, we think The City 
is not lable, simply because employes of The City may have replaced the 
bridge when washed away. It was a private structure, upon private property, 
and was used by the appellant without any fault on the part of The City. 
The case differs from that of Erie v. Schwingle, 22 Penn. St., 8384. In that 
case it appeared that EKighth Street had been improved and a bridge erected 
over the creek by the city. The bridge was washed away and the city left 
the street open, invited the plaintiff into it by not closing it up and by allow- 
ing it to be used without objection, and by putting certain repairs upon it 
which made it not safe, but passable with skillful driving and good luck. As 
we have said, The City never undertook to improve Clinton Street; it did 
not invite the public to travel it, and it did not put the bridge over the ditch; 
whereas, in the Pennsylvania case, the city not only improved and opened 
the street for travel, but when the bridge was washed away the city put cer- 
tain repairs upon_it, or near it, to enable the public to cross the creek, and 
because those repairs were insufficient the city was held liable. There was 
no sufficient evidence tending to establish the liability of the city to autho- 
rize the jury to find for the plaintiff, and the judgment must be affirmed.” 


The unreported opinion in the case of Woolley and wife v. Rath and others, 
Court of Appeals, April 6, 1877, is as follows: 

“The City agreed with Mrs. Woolley that if at any time while she contin- 
ued to be the owner of the land, adjacent to either of the streets, conveyed 
by her, it should ordain said streets, or either of them, to be graded, curbed, 
or paved, or otherwise improved, The City would pay such part of the cost 
thereof as would be chargeable on such portion of the ground as she might 
then own. The question for decision, then, is whether the construction of 
a well on the street can be regarded as an improvement of the street in which 
the well is located. The language of the charter in respect to the improve- 
‘ment of streets, and what is embraced by the term improvement, is not neces- 
sarily conclusive of the meaning of the word ‘improved’ in the contract. 
The contract was made in 1865, and the charter definition of the word ‘im- 

35 


545 


546 


PUBLIC WAYS. 


provement,’ as applied to streets and other public ways, was not passed until 
1870. But we incline to the opinion that a well is not properly a street 
improvement. It is not made so much for convenience and comfortable 
travel as for the convenience and comfort of those living in the immediate 
vicinity. It is rather an easement to the lots than a part of the street. 
Such wells are properly sunk in thestreet because there they are easier of access, 
and for the further reason that being public they should be in public ground. 
A sewer in a street is no doubt a street improvement. It drains surface- 
water from the street and is often indispensable to keep the street in proper 
condition. It is true that a well may be used to water the street, but public 
wells in Louisville do not appear at any time to have been regarded as street 
improvements. The present charter (Sec. 14), as well as the charter of 1851 
(Sec. 23), treats wells and cisterns as distinct from street improvement, and 
in each there is a separate and distinct grant of power to cause wells and 
cisterns to be dug, and we do not think they are covered by the terms used 
in the deed. The other questions made in the brief of appellant’s counsel 
have been so recently considered and passed upon that it is deemed unneces- 
sary to discuss them here.” 


The unreported opinion in the case of the Eastern Cemetery Co. v. City of 
Louisville, Superior Court, November 14, 1883, is follows: 

“The appellant commenced this action to recover money alleged to 
have been paid through mistake more than nine years before the fil- 
ing of its petition. It seems that The City caused the street in front of 
appellant’s property to be improved by grading and paving, and the money 
sought to be recovered was paid on the apportionment-warrants issued against 
appellant. The action was submitted on the pleadings, and this appeal is 
prosecuted from a judgment dismissing the petition. The plaintiff fails to 
state to whom the money was paid that it pow seeks to recover, or that the 
party to whom it was paid had any connection whatever with The City. 
This defect alone was sufficient to have justified the judgment. The mistake 
relied on is that the appellant supposed it was legally bound to pay the cost 
of said improvement, when, in fact, ‘the assessment and apportionment 
against said Cemetery-grounds were without any authority of law, and were 
and are wholly and utterly void and of no effect.’ This is but the conclusion 
of the pleader. The facts which make the proceedings of The City void 
should have been alleged, and this the plaintiff has failed todo. The answer 
denied knowledge or information sufficient to form a belief ‘whether plaintiff 
was ignorant of the law or facts as to its non-liability.’ The plaintiff could 
not therefore recover without proof upon this issue, and none was introduced. 
The answer further alleged that the grading and paving was of great benefit 
to the plaintiff, and was done without any objection or remonstrance on its 
part. These allegations must be taken as true, as they are not denied by the 
reply. This brings the case directly within the docrine announced in City of 
Louisville v. Zanone, 1 Met., 152. That was an action like this, to recover 
money paid under the belief that the proceedings by which the plaintiff was 
charged with the cost of street improvements were valid, when, in fact, they 
were void. The nullity of the steps taken by The City to charge the pro- 
perty was admitted in that case. And yet the Court held that the plaintiff 
could not recover, because it appeared from the record that he had been bene- 
fited by the improvement for which he had paid. There is no analogy 


PUBLIC WAYS. 


whatever between this case and those where a direct tax has been collected 
by a city for general municipal purposes. In the case at bar the appellant 
has simply paid his proportionate share of the cost of making an improve- 
ment, which it is admitted resulted beneficially to its property. It is paid 
without compulsion, and without any power on the part of The City, or even 
the contractor, to sell the property without due process of law. None of 
these elements entered into the decision of City of Louisville v. Anderson, 79 
Ky., 334, so relied on by appellant. That was a tax for general municipal 
purposes, for the non-payment of which The City was authorized to sell the 
property without process of law. The judgment is therefore affirmed.” 


The opinion in the three cases, Meddis, Seay, and Tyler v. Obst; Same v. 
Same; and Tyler and others v. Obst, Court of Appeals, Nov. 19, 1873, unre- 
ported, is as follows: 

“These three appeals must be decided by the settlement of the same ques- 
tions, as well of law as of fact, hence they will be considered together. The 
petitions set out in full the proceedings of the two Boards of the General 
Council of The City of Louisville and the ordinances, contracts, and reports 
touching the improvements for which appellants have been adjudged to pay; 
and in each petition it is alleged that the papers filed therewith are copies of 
such ordinances, contracts, aud resolutions, and that the same ‘were had, 
passed, and approved according to law.’ These material allegations are not 
specially denied. Appellants content themselves with averring want of 
knowledge or information sufficient to form a belief as to whether such pro- 
ceedings were had, or such ordinances passed, and as to whether the exhibits 
filed with the petitions are copies of such ordinances, contracts, apportionment 
and proceedings. They do not question the fact that each Board of the Gen- 
eral Council of The City kept during the years 1870 and 1871 journals of its pro- 
ceedings. The charter of The City required these journals kept, and, in the 
absence of an averment that it was not done, the presumption must be indulged 
that, in this respect, the charter was obeyed. It is true that in general the 
party seeking to enforce such assessments as those made against these appel- 
lants must show that the law authorizing them to be made has been followed 
in every material particular, but it is not necessary to allege, nor to prove, 
that a City legislature kept a journal of its proceedings unless that fact is 
questioned by the tax-payer. Here no such issue is raised by the pleadings, 
and therefore we must regard it as a conceded fact that the journals were 
properly kept. Such being the case every person who ean be lawfully 
affected by the laws and ordinances enacted or adopted by the City legisla- 
ture must take notice of their existence. The journals of the two Boards of 
the City Council are open to public inspection, and the citizens and tax-payers 
of The City must take notice of their contents. Hence it was bad pleading 
upon the part of appellants to say that they had no knowledge or informa- 
tion touching matters of record, and of the existence of which they were 
bound by law to take notice. Such denials as those made in the answers to 
the petitions in these cases are not to be allowed when the parties sued must, 
from the nature of things, have knowledge or information, or when it is their 
legal duty, as in these cases, to obtain information, and when facilities 
therefor are furnished by the public for the benefit of all persons interested.— 
Wing v. Dugan, 8 Bush, 586. This conclusion obviates the necessity of decid- 
ing whether the exhibits filed are properly certified. The denials of the avers 


547 


PUBLIC WAYS. 


ments of the petitions being insufficient, appellee was not put upon proof, and 
it was therefore immaterial whether these exhibits were or not considered by 
the Chancellor, The evidence does not authorize us to conclude that the work 
was not done in substantial compliance with the contract, but tends to show 
that it was. The damage done to the lot of Mrs. Tyler by the obstruction 
of the flow of surface-water was the result of work done on Breckinridge 
Street; the improvements made by Obst in no way contributed to it. The 
alleys improved were public ways. ‘The commissioners in the case of Jacod’s 
Heirs v. Jacob’s Ext rs and Heirs were the mere agents of the court and the 
parties. The allotment to each of the parties and the manner in which it 
was made was reported back to the Chancellor, and when it was approved 
by him, with the assent of all the parties, it became the work not only of the 
Chancellor but of the parties themselves. The streets and alleys laid down 
on the map could not be closed by either of the parties to the litigation with- 
out the consent of all those to whom lots were assigned. The ratification 
of the report of the commissioners by the Chancellor and the parties in 
interest was of itself a tender to the public of such streets and alleys as pub- 
lic ways. This offer has not to this day been withdrawn. Mrs. Tyler, 
although for some years discovert, has not retracted the tender made by her 
whilst a married woman. It remained open in 1868, when the legislature of 
the commonwealth declared ‘that all streets and alleys theretofore laid out or 
extended by any person or persons within The City of Louisville should be 
deemed public.’—Secs. 33 and 34, Act of 1868. This was an acceptance of 
the offer, and from the passage of this act these alleys became public ways. 
The record in the case of Jacob’s Heirs v. Jacoh’s Ex’trs and Heirs, which 
was read on the trial of these causes, without objection, conduces to show 
title in the Jacob heirs in 1852 and 1858, and, hence, that they then had the 
right to lay out the streets and alleys. As title was then in these heirs it. 
must be assumed that these appellants, each and all of them, hold under 
that title.” 


The opinion in Dunn v. German Security Bank, decided March 5, 1884, in 
the Superior Court of Kentucky, is as follows: 

“Under an ordinance of The City of Louisville providing for the improve- 
ment of Van Buren Street, Selvage & Terry contracted with The City to do 
the work, and when it was completed, inspected by the City Engineer, and 
received by The City, apportionment-warrants were issued against each of 
the property-owners in favor of the contractors, who assigned all of them to 
the appellee, except one on Thomas Bess, which was assigned to Charles 
Hagan. The contractors, Selvage & Terry, and Hagan, as co-plaintiffs, sued 
to enforce the collection of the warrant on Bess, and the appellee, as the 
holder of the other warrants, was made a defendant, and filed its answer and 
cross-petition against the property-owners—now the appellants in this case— 
setting up the warrants it held by assignment and seeking to enforce its 
liens. A demurrer having been sustained to both the answer and amended 
answer, and appellants declining to plead further judgment on the cross- 
petition, accorded the full relief asked for, and the defendants to the cross- 
petition appeal. The appellants now insist that the petition is defective, and 
therefore immaterial, whether the answers be sufficient or not, inasmuch as 
the demurrer brought all the pleadings before the court for consideration. A 
demurrer to an answer to a petition involves the sufficiency of the petition. 


© PUBLIC WAYS. 


If that be bad, it is not necessary to decide upon the sufficiency of the 
answer.—Martin v. McDonald, 14 B. Mon., 437. The demurrer to the 
answer and amended answer brought the whole of the pleadings before the 
court, and in deciding upon the demurrer it was the duty of the court to 
decide against the party who committed the first fault—Mitchell v. Vanee, 5 
Mon., 528; Young v. Duhme & Co.,4 Met., 242. Does the cross-petition state 
facts sufficient to constitute a cause of action? This is an action to subject 
property to the payment of assessments for street improvements, and it must 
appear affirmatively that every step has been taken to create the liability or, 
rather, the lien. Such facts must be alleged to show the existence of the 
lien.— Kendall v, Thomasson, 2 Ky. L. Reporter, 422. The charter of The 
City of Louisville, as amended March 5, 1871, requires the publication of all 
ordinances in at least two papers in The City having the largest bona fide 
circulation, one of which is to be printed in the English and the other in the 
German language. This provision apples to tax-ordinances, which are required 
to be adopted by the City Council before taxes can be legally collected.— Orms- 
by v. City of Louisville, 2 Ky. L. Reporter, 66. In the same case it is said 
it is not sufficient to aver that ‘the publication was made according to law,’ 
but the specific facts should be set out, showing when and how the publication 
was made and in what kind of newspapers. The civil code of 1854 allowed such 
pleading, but the clause allowing such general pleading was omitted from 
the present code, restoring the rules of the common law.—Overbeck v. Hall, 
14 Bush, 508. It must appear affirmatively that the lien exists. All the 


steps necessary to create the lien must be alleged and proved. The fact of 


publication is essential to the jurisdiction of the Court.—Dumesnil v. City of 
Louisville, 2 Ky. L. Reporter, 429. Here there is no allegation even that the 
ordinance was duly published; nor is it alleged when and how and in what 
kind of newspapers the ordinance was published. By an act approved Feb- 
ruary 20, 1874, amending the charter of The City of Louisville, it is provided 
that where the public ways have been improved and the contract completed, 
the City Engineer, whose duty it is to receive work for The City, shall, by 
one insertion in one of the daily newspapers published in Louisville, give 
notice of the time and place for the inspection and reception of the work by 
the City Engineer, that the owners may appear and be heard before the En- 
gineer as to whether such improvements have been made in accordance with 
the ordinance authorizing the same or the contract therefor. The Engineer 
is vested with quasi-judicial authority, and when he accepts the improvements, 
and Council approves his action, the property-owners can not resist payment 
on the ground of a defective execution of the work.— Boone, trustee, v. Gleason 
et al., Sept. 1883, Ky. L. Reporter, 169; Harris v. Zable et al., 4 Ky. L. Reporter, 
1000, As said in the latter case, this is the only stage of the proceedings to 
create a lien on the property where it is provided that the property-owners 
ean appear and complain that the work has been defectively executed. As 
this was one of the steps necessary to create the lien, it seems to us indis- 
pensable that the petition should have averred specifically when and how and 
in what daily papers the notice was given by the City Engineeer. The alle- 
gation that the contractors ‘performed the work required to be done under 
the said contract, which work, after due advertisement, as required by law, 
was duly inspected by the City Engineer of Louisville, and was by him ap- 
proved and received’ from the contractors, is not sufficient. Nor is it alleged 
that the City Council approved the action of the Engineer. There is noth- 


550 PUBLIC WAYS. | 


ing in the record showing any sale has been made under the judgment. The 
demurrer to the answer and amended answer should have been overruled, 
and should have been sustained to the cross-petition. Judgment reversed, 
with directions to overrule the demurrer to the answer and amended answer, 
and to sustain the demurrer to the cross-petition and for further proceedings. 
The appellee should be allowed to amend its cross-petition if it should offer 
to do so in a reasonable time, and if it fails to make such amendment, the 
petition should be dismissed.” 

The decision is supported by MeArthur v. City of Dayton, Superior Court, 
Feb. 14, 1883, unreported. ; 


CHAPTER XXXVIT. 


RAILROADS (STEAM). 


GON ICIGCN DS: 


1. George C. Buchanan author- 
ized to construct and operate a single 
railroad track on Arbegust Avenue 
from Fifteenth Street to a point be- 
tween Seventeenth and Eighteenth; 
incidental powers. 


2. The mode 
construction. 


and conditions of 


3. The right of others to connect 
with and use the track. 


4. Charges for hauling cars to be 
uniform and without discrimination. 


5. Sole purpose for which the track 
shall be used. 


6. Flagmen at intersections of 
streets. 


7. Lawful rate of speed. 


8. The City to be held free and 
harmless from claims for loss or 
damage. 

9. Buchanan’s contract and cove- 
nant with The City. 


10. When the ordinance to take 
effect. 

11. George C. Buchanan author- 
ized to construct and operate a track 
from his west line on Arbegust Ave- 
nue to the western line of the inter- 
section of Twenty-sixth and Maple 
streets; consent of property-owners 
required. 


12. The track to be considered an 
extension of Buchanan’s other track, 
and to be constructed and operated 
like it, except that hauling charges 
may be proportioned to the distance 
to or from Fifteenth Street. 


13. Right of others to make switch- 
connections with the track. 


14. Exemption of The City from 
liability. 

15. Contract and covenant as a 
condition precedent. 


16. When the franchise shall take 
effect. 


17. Preamble regarding certain 
lands of Virginia H. Bullitt, and 
their designed use. 


18. Virginia H. Bullitt authorized 
to lady a railroad switch on Magnolia 
Avenue connecting with the Louis- 
ville and Nashville Railroad track, 
extending to the west line of Eley- 
enth Street; description of switch. 


19. The switch not to be built or 
extended except as needed. 


20. The switch to be laid down 
under supervision of the City En- 
gineer, to be subject to removal by the 
Council, and to conform to the street- 
grade. 


21. H. A. Dumesnil authorized to 
construct and operate a railroad track 
on Ormsby Avenue from Ninth to 
Fourteenth Street, and on Four- 
teenth Street northward. 


22. The construction to have the 
Engineer’s supervision, to conform to 
street-grade, and the part of the street 
occupied by the track to be kept in 
repair by the owners of the track. 


25. Privileges of others to make 
switch-connections. 


RAILROADS (STEAM). 


—_— 


24. Temporary removals of the 
track may be required by The City; 
costs thereof. 

25. Rights of others to use the 
track, free from discrimination, and 
with equal facilities afforded by the 
owner. 

26. Charges for hauling cars lim- 
ited. 

27. Flagmen at street-crossings. 

28. Rate of speed limited. 

29. Exemption of The City from 
liability for damages. 

30. Contract and covenant required 
as a condition precedent. 

31. The track to be completed ina 
year. 

32. Franchise limited to twenty 
years. 

30. When to take effect. 


384. Time of ‘commencement of 


work. 


35. Preamble regarding certain 
lands of the Chesapeake, Ohio and 
Southwestern Railroad Company. 


36. The Chesapeake, Ohio and 
Southwestern Railroad Company is 
granted the right of way to construct 
a track through its lands and across 
Kentucky, Zane, Churchill, Oldham, 
and Oak streets. 


37. Conditions and extent of the 
right granted. 


38. The Chesapeake, Ohio and 
Southwestern Railroad Company au- 
thorized to construct and operate a 
track along A Street, asa connecting 
road. 

39. Provisions for street repairs. 

40. Use of the track by other rail- 
roads and conditions thereof. 

41. The Council to grant permits 
for connecting switches; certain 
charges prohibited. 

42. Rate of speed. 

43. Exemption of The City from 
liability for damages. 

44. The Chesapeake, Ohio and 
Southwestern Railroad Company au- 
thorized to construct and extend its 
railroad from Fourteenth Street, be- 
tween Main and Market, to Rowan 
or Monroe Street. 

45. Watchmen and gates to be 


employed and used as the Council 


may require. 


46. Construction to be under the 
Engineer’s supervision, to conform to 
street-grade, and the street to be kept 
in repair by the Company. 


47, Exemption of The City from 
lability for damages. 


48. Rate of speed. 


49. The contract between the L., 
C. & L. Rw’y Co. and the Shelby R. 
R. Co. legalized. . 


50. The contract authorized be- 
tween the L., C. & L. Rw’y Co. and 
The City of Louisville relative to the 
removal of the tracks and depot on 
Jefferson Street. 


51. Appropriation for the comple- 
tion of the “Short Line” road-bed. 


52. The City’s title to the road-bed, 
bridges, necessary lands, and all re- 
quired rights of way along public 
ways, to be conveyed to the Louis- 
ville, Cincinnati and Lexington Rail- 
way Company. 

58. The company to execute bond 
that it will construct and operate 
the road-bed on or before August 1, 
1880; other conditions and considera- 
tions. 


54, Requirements of the company 
in the construction and operation of 
its track; theconstruction to beunder 
the Engineer’s supervision; guards, 
watchmen, rate of speed. 


55. Rights of others to make 
switch-connections with the track. 

56. Unavoidable delays of the 
work. 

57. The right of way granted to 
the Ohio and Mississippi, and other 
railroad companies, along Four- 
teenth and Kentucky or Zane 
streets. 

58. The Louisville and Nashville 
Railroad Company granted the right 
of way along Kentucky or Zane and 
Fourteenth streets. 

59. The conditions and stipulations 
upon which the rights of way are 
granted. 

60. Motive power to be used and 
the rate of speed. 

61. Regulation of switches and 
side-tracks; The City’s control over 
the street-grade. 

62. Railroads using the bridge from 


| the north side of the river. 


63. Railroads crossing the bridge 
to be upon equal terms, and to enter 


XAILROADS (STEAM), 


into contracts with The City and 
each other. 

. 64. The rights and privileges to be 
forfeited if equal terms are not al- 
lowed all railroads. 


65. The L. & N. RB. R., the J. M. 
& I. R. R., and the Louisville Bridge 
Company to abandon their right of 
way through Maple street, and may 
extend tracks along Kentucky Street. 


66. Building of a bridge over. the | 


track in Broadway. 
67. Additional tracks authorized 
along Fourteenth and Maple streets. 


68. Depot of the Louisville Union 
Depot and Transfer Company; rights 
of way along Tenth Street, Oak 
Street, etc., granted. 


69. Express considerations on the 
part of the various companies. 

70. Further considerations. 

71. Flagmen at intersections. 

72. Rate of speed. 

73. The City exempted from lia- 
bility for damages. 

74. Acceptance of the ordinanee by 
the companies and contract with the 
City. 

75. Violation of contract or ordi- 
nance. 

76. The privileges 
other companies. 

77. Time of taking effect. 

78. The contract with the E. & P. 
R. R. relative to the extension of its 


branch road and the operation of the 
same along Fourteenth Street. 


79. Right of way of the Louisville, 
Harrod’s Creek and Westport Rw’y 
Co. along Fulton Street. 


80. Rate of speed; removal of 
tracks for street repairs; running 
arrangements, fares, etc. 

81. The right to continue seven- 
teen years; duty of the company at 
the expiration. 


extended to 


‘ 

82. The construction and repairing 
of crossings. 

83. Freight rates. 

84. Lease of lands belonging. to 
The City authorized. 

85. Terms of the lease; bond. 

86. Exemption of The City from 
liability for damages. 

87. Previous grants of rights of 
way surrendered. 

88. Tracks to conform to street 
grades; regulation of cars in the 
street. 

89. A turn-out switch for the pur- 
pose of loading and unloading. 

90. The Louisville, New Albany 
& Chicago Railway Company incor- 
porated. 

91. Is authorized to purchase real 
estate in The City, and to make rail- 
road and bridge connections; to issue 
bonds and execute mortgages. 

92. Right of condemning property; 
method. 

93. The Louisville, New Albany 
& St. Louis Railway Company in- 
corporated, 

94. Right to build and operate a 
railroad in The City, and incidental 
rights and powers. 

95. Bonds; mortgages. 

96. Use of public ways in The 
City. 

97. The Louisville and Nashville 
Railroad Company; power of The 
City to subscribe for stock and levy 
taxes therefor. 

98. Dividends. 

99.° Transfer of stock, surrender of 
bonds, ete. 

100. Subscriptions generally. 

101. The City authorized to sub- 
scribe three thousand additional 
shares; payment with City bonds. 

102. Power of certain holders to sell 
stock. 


1. George C. Buchanan is, subject to the conditions 
hereinafter named, and, as far only as The City has power 
to grant the same, hereby authorized and empowered to 
construct and operate for a term of fifteen years a single 
railroad track having a third rail, commencing on the 
east side of Fifteenth Street, at a point opposite the cen- 


553 


An ordinance 
authorizing 
George C. Bu- 
chanan to con- 
struct and %p- 
erate a railroad 
track on Arbe- 
gust Avenue 
from the east 
side of Fif- 
teenth Street 
to the west line 
of his land on 
the north side 
of Arbegust 
Avenue be- 
tween Sev en- 
teenth and 
Eighteenth 
streets. Ap- 
proved April 
13, 1881. Sec- 
tion 1. 


554 


RAILROADS (STEAM). 


ter of Arbegust Avenue, running thence across Fifteenth 
Street and down the center of Arbegust Avenue toa point 
opposite said Buchanan’s western line, between Seven- 
teenth and Eighteenth Streets, and with power and au- 
thority to construct therewith and use one or more 
switches on both sides of said track, as the same may be 
required to meet the necessities of any business establish- 
ments now or hereafter constructed on said street. ! 


1The commonwealth may take property for public use, just compensation 
being made, through the instrumentality of a railroad or turnpike company, 
or any other corporation or association. The public can act only through 
the agency of individuals; and when the privilege of making roads or other 
improvements for general use is granted to any incorporation or association 
it becomes the agent of the public, and all the rights, including the right of 
taking private property for public uses, which the state has, may be exercised 
through that agency as well as any other; and all railroads and other im- 
provements so constructed are public roads or improvements, notwith- 
standing the tolls which they produce may be appropriated, as they may be 
constitutionally and lawfully, to the exclusive use of those persons, consti- 
tuting corporations or associations, by whose capital and enterprise they have 
been created.—Lexington and Ohio Railroad Oo. v. Applegate et al., 8 Dana, 
289. The City government of Louisville has a right to permit a railroad 
company to loeate, construct, and use the road in a street of The City; and, 
having done so, no writ of ad quod damnum was necessary unless the road, 
or some use made of it, was a purpresture or nuisance injurious to private 
property or private rights; and it could not be so considered unless the road 
itself, or some use made of it, was inconsistent with the objects to which the 
street was originally dedicated.—Ib. A purpresture is an inclosure, or 
appropriation, for private use, of that which belongs to the public. A rail- 
road within The City of Louisville being so constructed as not to occupy the 
street, or any portion of it, exclusively, every part, as well that in which the 
rails are placed as the rest, being generally open and free for the ordinary 
purposes, it can not be deemed either a purpresture or a nuisance.—J6. 
A railroad embankment was erected in the middle of Lewis Street, Owens- 
boro, with the consent of the city, leaving a passway on either side from six 
to thirteen feet wide, exclusive of the sidewalk, so that vehicles meeting 
could in most places pass without difficulty: Held, that it was not such an 
appropriation of the street as gave the owners of adjacent lots a cause of 
action against the railroad company.—Cosby and others v. Owensboro and 
Russellville R. R Co., 10 Bush, 288. Damage from smoke, soot, or fire from 
locomotives, thrown or blown into or against adjacent houses, will entitle the 
owner to recover therefor; and the measure of damages in such eases will be 
the diminution of the value of the property occcasioned by these circum- 
stances, and not the difference between the value of the property before and 
after the building of the road.—E., L. and B.S. R. R. Co. v. Combs, 10 Bush, 
382, The depreciation of the value of property by reason of the construc- 


RAILROADS (STHAM). 


2. The said track and switches shall be constructed Jd, 


under the supervision of the City Engineer, and shall be 
so constructed as to conform to the established grade of 
the streets upon which they are constructed, and so as not 
to obstruct the ordinary use of said streets, and so much 
of said streets as shall be occupied by said track and 
switches shall be kept in repair at the sole and exclusive 
cost of the person or persons owning said track or switches. 
To enable The City toimprove said streets, or to construct 
or repair said streets or the sewers in and along the same, 
it may at any time, upon reasonable notice, reqnire the 
said track and switches to be temporarily removed or pro- 
tected by the owner, and exclusively at his cost, so as not 
to impede or obstruct the repairs and improvements 
aforesaid. 


tion and operation of a railroad through an adjacent street, or annoyance 
from noise necessarily attending the same, is not ground for an action by the 
lot-owner, nor is an annoyance from smoke and fire, unless he is damaged by 
their actual contact with his premises.—Cosby and others v. O. and R. R. R. 
Co., 10 Bush, 288. Damages may be recovered by property-owners of rail- 
road companies occupying the street, if the value of the property has been 
diminished by smoke, sparks, cinders, cracking of the walls of houses, ete.— 
J., M.and I. R. R. Co. v. Esterle, 13 Bush, 667. The right of the authorities 
of a city, with legislative warrant, to permit the construction and operation 
through its streets of railroads upon which trains of cars are propelled by 
steam is not now an open question in this State.—Cosby and others v. O. and 
Rk. R. R. Co., 10 Bush, 288; Lex. and O. R. R. Co. v.. Applegate, § Dana, 289; 
Wolfe v. Cov. and Lex. R. R. Co., 15 B. Mon., 409; Lou. and Frank. R. R. Co. 
v. Brown, 17 B. Mon., 763; Newp. and Cin. Bridge Co. v. Foote and others, 9 
Bush, 264. And such construction and operation are not per se encroach- 


ments upon the property-rights of lot-owners. A. railroad company, by its 
charter, having a right to one railroad only but the choice of three routes, 
can not complain that one of these routes, which it did not adopt, was used 
by another company.—Louw. and Port. R. R. Co. v. Lou. City Rwy Co., 2 Duv., 
175. The right of railroad companies to ask from local communities assist- 
ance, involving the necessity of taxation, will not be enlarged by construc- 
tion; privileges of this character are in derogation of individual rights; they 
will not be implied, but must be clearly and unmistakably granted; and 
when this has been done the judiciary can not interfere to defeat the legisla- 
tive will.—Tyler’s Ev’tr v. E. and P. R. R. Co., 9 Bush, 510. Running and 
operating a railroad train on Sunday is a work of necessity, within the mean- 
ing of the statute (Sec. 10, Art. 17, Chap. 29, Gen. Stats.) where the public 
convenience, necessities of trade, efc., require that the train should be run and 
operated on that day.—Commonwealth v. Louisville and Nashville R. R. Co., 
decided by the Court of Appeals, May 30, 1882. 


Section 2. 


D6 


RAILROADS (STEAM). 


Id., Section 3. 


TId., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8.. 


3. All persons owning and operating any warehouse, 
lumber-yard, elevator, distillery, tannery, or other manu- 
factory or business establishment along or upon said 
Arbegust Street, shall have the privilege and right, when 
and as granted by the General Council, to connect the 
same by a switch with the said railroad track, and shail 
have and enjoy the right to use the said track for the 
receipt and delivery of freight in car-load quantities, 
upon equal terms with all other persons connected there- 
with for similar purposes, and all persons or corporations. 
so connecting their business establishments with said rail- 
road track as aforesaid shall have the right to receive and 
ship freight from cars directly at their said places of busi- 
ness, as their business may require, and no discrimina- 
tion shall be shown in favor of one shipper over another, 
but the owner and operator of said railroad track afore- 
said shall at all times furnish the necessary motive power 
to haul cars in and out from said various establishments 
with all reasonable promptness and dispatch and as their 
business may require. 


4. The charges for hauling cars to and from the various 
establishments connected with said railroad track by 
switches shall be uniform, and no discrimination shall be 
shown one shipper over another in this respect. 


Qo. The. railroad track herein authorized to be con- 
structed shall be used and operated for no other purpose 
than to haul freight in car-load quantities to and from 
the business establishments connected with said track, 
and to haul empty cars to and from said establishments 
as their business may require. 


6. The owners and operators of said track, whenever 
requested so to do by resolution of the General Council, 
Shall keep a flagman at every intersection of, a street 
crossed by the track aforesaid. 


7. No locomotive or train upon said track shall be run 
at a rate of speed exceeding six miles an hour. 


8. The City of Louisville shall not be liable for any 


RAILROADS (STEAM). 


damages sustained by the erection, use, and operation of 
the railroad track herein authorized to be constructed, 
either to persons or property, but the owner and ope- 
rator thereof shall hold The City free and harmless from 
all claims for loss or damage sustained by reason of the 
construction, use, and operation of said track. 

9. Before proceeding to avail himself of the rights and 
privileges herein granted, the said George C. Buchanan 
shall, within thirty days after the approval of this ordi- 
nance, formally accept the same and enter into a contract 
with The City to comply with the provisions hereof, and 
shall execute a covenant to The City, with security to be 
approved by the General Council, that he and his assigns 
will at all times indemnify The City and hold and save it 
free and harmless from all claims for loss or damage aris- 
ing out of the construction, use, and operation of the 
railroad track herein authorized to be constructed. 


10. This ordinance shall take effect as soon as Section 9 
hereof is complied with. 


11. George C. Buchanan is, subject to the conditions 
hereinafter set forth, and so far only as The City of Louis- 
ville has the power to grant the same, hereby authorized 
to construct and operate, for a term of fifteen years, a 
railroad track having a third rail, commencing in the 
center of Arbegust Avenue, opposite said Buchanan’s 
western line on said street, between Seventeenth and 
Eighteenth streets, thence down the center of said avenue 
to its western line, and crossing Eighteenth Street at or 
near the intersection of Eighteenth and Howard streets, 
and crossing Nineteenth, Twentieth, and Twenty-first 
streets between Howard and Maple streets, and thence 
down the center of Maple Street to the western line of 
Twenty-sixth Street: Provided, said Buchanan shall first 
obtain the consent in writing of the owners of the private 
property over which said track will have to pass, between 
the beginning point and the intersection of Twenty-sixth 
and Maple streets, to construct and operate such track 
over and upon their property. 


Id., Section 9. 


Id., Section 10. 


An ordinance 
authorizing 
George C. Bu- 
chanan to ope- 
rate and con- 
struct arailroad 
track from his 
west line on 
Arbegust Ave- 
nue between 
Seventeenth 
and Eighteenth 
Streets, to the 
western line of 
the intersection 
of Twenty- 
$1 Sinead 
Maple Streets. 
Approved 
Aug. 9, 1881. 
See. 1. 


5D8 


Id., Section 2. 


Id., Section 38. 


Id., Seetion 4. 


Id., Section 5. 


RAILROADS (STEAM). 


12. The said railroad track shall be constructed and 
operated as an extension of the railroad heretofore con- 
structed and now being operated by said Buchanan under 
authority of an ordinance approved April 138, 1881, en- 
titled ‘‘An ordinance authorizing George C. Buchanan to 
construct and operate a railroad track on Arbegust Ave- 
nue, from the east side of Fifteenth Street to the west 
line of his land on the north side of Arbegust Avenue, 
between Seventeenth and Eighteenth streets;’’ and the 
railroad track herein authorized to be constructed and 
operated shall be constructed in the same manner and 
operated upon the same terms, conditions, limitations, 
and restrictions as are set forth in the ordinance aforesaid, 
except that the charges for hauling cars to and from any 
business establishments that may become connected with 
said track shall be made as nearly uniform as possible in 
proportion to the distance which said cars are hauled to 
or from Fifteenth Street. 


13. The owners of any business establishment along 
the line of said railroad track shall have the same rights 
and privileges as to connecting with said track by switches 
as are set forth in the ordinance aforesaid. 


14. The City of Louisville shall not be liable for any 
damages sustained by any one by reason of the con- 
struction and operation of said railroad track, but the 
owners and operators of said track shall hold The City 
free and harmless from all damage sustained by any 
one by reason of the construction and operation of said 
track. 


15. Before proceeding to avail himself of the rights and 
privileges herein granted, the said George C. Buchanan 
shall, within thirty days after the approval of this ordi- 
nance, formally accept the same and enter into a contract 
with The City to comply with the provisions hereof, and 
shall execute a covenant to The City, with security, 
to be approved by the General Council, that he and his 
assigns will at all times indemnify The City and hold and 


RAILROADS (STEAM). 


save it free and harmless from all claims for loss or dam- 
age arising out of the construction, use, and operation of 
the railroad track herein authorized to be constructed 
and operated. 


16. This ordinance shall take effect as soon as Section 5 
hereof is complied with. 


17. Whereas Mrs. Virginia H. Bullitt is the owner of a 
tract of land fronting on the north side of Magnolia 
Avenue, and running from the east side of what would 
be Eleventh Street Gf extended) to the property of the 
Louisville Cotton Compress. and Warehouse Company, 
near Seventh Street, and has dedicated a strip of ground, 
forty feet in width, along the entire front of her said tract 
as apart of Magnolia Avenue; and whereas said Virginia 
H. Bullitt has leased to one George Spalding, for a term 
of years, with an option to purchase same, a lot of ground 
having a front of one hundred and sixty feet on Magnolia 
Avenue immediately west of said Cotton Compress, and 
said Spalding designs to erect a warehouse thereon for 
the storage and distribution of agricultural implements, 
and said Virginia H. Bullitt intends and desires to lease, 
sell or use the whole of said property for manufacturing 
and warehouse purposes. Now, therefore, 


16. Said Virginia H. Bullitt is hereby authorized and 
empowered (so far as The City has power in the premises ) 
to lay down in front of said property on Magnolia Avenue 
a railroad switch connecting with the. Louisville and 
Nashville railroad track, and running thence along Mag- 
nolia Avenue so as to connect with the warehouse of said 
Spalding, and thence to the west line of Eleventh Street 
(if extended); said switch to consist of but one track, 
which, however, may have a sufficient number of rails to 
receive railroad cars of the several gauges which come 
into this City. 

19, Said switch shall not be built or extended except 


as it may be actually needed by some manufacturing es- 
tablishment or warehouse established on said property. 


Id., Section 6. 


An ordinance 

> , & 
approved Noy. 
8, 1883. 


TId., Seetion 1. 


Id., Section’ 2. 
* 


560 


Id., Section 3. 


An ordinance 
authorizing H. 
A. Dumesnil to 
construct and 
operate a rail- 
road track on 
Ormsby Ave- 
nue from the 
west line of the 
Lou. and Nash. 
railroad at or 
near Ninth St. 
to the east line 
of the C., O. & 
S. W. railroad, 
on Fourteenth 
Street. 


2AILROADS (STEAM). 


20. Said switch shall be laid down under the super- 
vision and according to the directions of the City Engineer, 
and shall be removed if and whenever required by the 
General Council, and shall conform to such grade of the 
street as may at any time be established. 


21. First—H. A. Dumesnil is, subject to the condi- 
tions hereinafter named, and as far only as The City has 
power to grant the same, hereby authorized and em- 
powered to construct and operate a single- or double-track 
railroad, having a third rail, commencing on the west side 
of the line of the Louisville and Nashville Railroad track 
where it crosses Ormsby Avenue, at or near Ninth Street, if 
extended, running thence west and down Ormsby Avenue 
to the east line of the Chesapeake, Ohio and Southwest- 
ern Railroad on Fourteenth Street, and it shall extend 
north on Fourteenth Street to the north side of Oak 
Street to connect with the public elevator tracks. 


22. Second—The said track shall be constructed under 
the supervision of the City Engineer, and shall be so con- 
structed as to conform to the established grade of the 
street upon which it is constructed, and so as not to 
obstruct the ordinary use of said street; and so much of 
said street as shall be occupied by said track shall be 
kept in repair at the sole and exclusive cost of the person 
or persons owning said track. 


23. All persons wishing to connect by switch with said 
tracks shall be, permitted to do so when authorized by 
resolution of the Council. 


24. To enable The City to improve said street, or to 
construct or repair said street or the sewers in and 
along the same, it may at any time, upon reasonable 
notice, require the said track to be temporarily removed 
or protected by the owner, and exclusively at his cost, so 
as not to impede or obstruct the repairs and, improve- 
ments aforesaid. 


25. Third—All persons owning and operating any fac- 
tory. or business establishment along or upon the part of 


RAILROADS (STEAM). 


561 


Ormsby Avenue where this right is granted shall have and 
enjoy the right to use said track for the delivery and receipt 
of freight in car-load quantities upon equal terms, and no 
discrimination shall be shown in favor of one shipper 
over another, but the owner and operator of said railroad 
track aforesaid shall at all times furnish the necessary 
motive-power to haul cars in and from said various estab- 
lishments with all reasonable promptness and dispatch 
and as their business may require. 

26. Fourth—The charges for hauling cars to and from 
the various establishments on said railroad track shall be 
uniform, and shall nat exceed one dollar per car, and no 
discrimination shall be shown one shipper over another 
in this respect. 


27. Fifth—The owners and operators of said track, 
whenever requested so to do by resolution of the General 
Council, shall keep a flagman at every intersection of a 
street crossed by the track aforesaid. 


28. Sixth—No locomotive or train upon said track 
shall be run at a rate of speed exceeding six miles an 
hour. 


29. Seventh—The City of Louisville shall not be liable 
for any damages sustained by the erection, use, and ope- 
ration of the railroad track herein authorized to be con- 
structed, either to persons or property, but the owner and 
operator thereof shall hold The City free and harmless 
from all the claims for loss or damage sustained by reason 
of the construction, use, and operation of said track. 


c 


30. Kighth—Before proceeding to avail himself of the 
rights and privileges herein granted, the said H. A. 
Dumesnil shall formally accept the same and enter into 
contract with The City to comply with the provisions 
thereof, and shall execute a covenant with The City, with 
security to be approved by the General Council, that he 
and his assignees will at all times indemnify The City and 
hold and save it harmless from all claims for loss or 


damage arising out of the construction, use, and opera- 
36 


562 


RAILROADS (STEAM). 


An ordinance 
granting the 
right of way.to 
the Chesap’ke, 
Ohio and 
Southwestern 
Railroad Co. 
across certain 
streets in The 
City of Louis- 
ville. 


Id., Section 1. 


Id., Section 2. 


tion of the said railroad track herein authorized to be 
constructed. 


31. Ninth—The track herein authorized shall be com 
pleted within one year from the date of this ordinance ; 
otherwise this ordinance shall be null and void. 


32. Tenth—The grant herein contained shall not extend 
beyond the period of twenty years. 


33. Eleventh—This ordinance shall take effect as soon 
as Section 8 hereof is complied with. 


34. Twelfth—The work to be commenced within ninety 
days after the approval of said ordinance. 


39. Whereas the Chesapeake, Ohio and Southwestern 
Railroad Company has recently purchased a tract of 
ground fronting on the south side of Kentucky Street, 
running thence southwardly across Zane, Churchill and 
Oldham Streets, to the south side of Oak Street, bounded 
throughout its whole length by the east line of Four- 
teenth Street, and desires to lay side-tracks through the 
same so as to connect with the railroad tracks now laid 
along Fourteenth Street, north of Kentucky and south 
of Oak Street: Now, therefore, 


36. The right of way is hereby granted to said Chesa- 
peake, Ohio and Southwestern Railroad Company to con- 
struct a single railroad track through its said lot and 
across Kentucky, Zane, Churchill, Oldham and Oak 
Streets, so as to connect the same with the tracks now laid 
in Fourteenth Street, north of Kentucky and south of 
Oak Street. 


~ 37. Said right of way is granted and to be enjoyed only - 
to the extent that The City of Louisville has the author- 
ity to grant the same, and on the condition that the said 
Railroad Company shall agree and become bound to indem- 
nify The City for all costs and damages which The City 
may incur or sustain by reason of having granted the 
right of way aforesaid, and from time to time to relay 
and arrange the railroad tracks to conform to such grade 


RAILROADS (STEAM). 


or changes of grade as from time to time may be estab- 
lished by the General Council, and so as to form the least 
possible obstruction to the streets, in the customary use 
thereof, and so as not to obstruct the,;proper flow of water 
along the street or the customary use of said street, and 
keeping the streets so occupied in order between the rail- 
road tracks and for two feet on each side thereof. 


38. The Chesapeake, Ohio, and Southwestern Railroad 
Company is hereby empowered and authorized (so far as 
The City has the right to grant such right) to construct 
and operate a railroad, with single or double track, along 
and over A Street, through the City limits, the same to 
form part of a railroad connecting the railroad ordinarily 
known as the Cecilia Branch Railroad, now operated by 
said Chesapeake, Ohio, and Southwestern Railroad Com- 
pany, with the railroad of the Louisville Railway Trans- 
fer Company. 


39. In consideration of said grant the said Railroad 
Company shall, at its own expense, keep in good repair 
the street along which said track shall be laid; and in 
order to enable The City to improve said street, said Com- 
pany shall, on reasonable notice and request, remove said 
track temporarily, and, after such improvement shall 
have been made, replace the same at its own expense. 


40. Said Company shall, under proper regulations for 
the safe and convenient use of said tracks, permit all 
other railroads now built, or hereafter to be constructed, 
and desiring to cross through the southern portion of The 
City, to use, and such railroads shall use the tracks laid 
down through A street, upon the condition, however, 
that before entering upon the use of said tracks, any such 
railroad company shall pay to said Chesapeake, Ohio, 
and Southwestern Railroad Company its pro rata share 
of the cost of constructing the same, including damages 
awarded by reason of the construction thereof, and shall 
bind itself by contract with The City of Louisville for 
the benefit of all parties interested, that it will contribute 


563 

An ordinance 
to permit the 
Chesapeake, 
Ohba. Pe nd 


Southwest e rn 
Railroad Co. to 
construct and 
operate a rail- 
roqgd. track 
through The 
City limits 
along and over 


A Street. Ap- 
proved June 
22, 1882. Sec- 


tion 1, 


Id., Section 2. 


Id., Section 3. 


564 


RAILROADS (STEAM). 


Id., Section 4. 
Td., Section 5. 


An ordinance 
granting the 
Chesapeake, 
O hvorera na 
Southwestern 

Railroad Co. 
the right to 
construct and 
extend its rail- 
Poa dt toa 
Fourteenth 
Street between 
Main and Mar- 
ket, crossing 
Main Street 
between Thir- 
teenth and 
Fourteenth 
Streets to Ro- 
wan or Mon- 
roe Street. 
Approved Oct. 
25, 1888. Sec- 
tion 1. 


its pro rata share toward the repair and maintenance of 
said tracks, and toward the construction and maintenance 
of any additional tracks, and of any switches, gates, cul- 
verts or bridges, that may be necessary to the safe and 
efficient use of said street, and toward the maintenance 
of such watchmen as may be necessary to the proper 
cuarding of the street crossings; and such road shall be 
subject in such use to all the provisions of this ordinance. 
And that any party or parties who may hereafter estab- 
lish manufactories or warehouses in the vicinity of A 
Street shall have the privilege of constructing, at their 
own expense, tracks connecting their establishments with 
the tracks to be laid on A Street. 


41. All persons or corporations desiring to connect by 
switch with said railroads on A Street shall obtain per- 
mission for such privilege from the General Council. 
And that all railroads that may, under the provisions of 
this act, use said tracks on A Street, shall place upon and 
take from such side-tracks cars loaded with freights 
shipped from or destined to points on such roads, with- 
out extra charge. 


42. The rate of speed within the City limits shall not 
exceed six miles an hour. 


43. The said Company shall indemnify The City and 
hold it harmless against any damages or loss by reason 
of the grant contained. 


44. The Chesapeake, Ohio and Southwestern Railroad 
Company is hereby authorized to construct and extend 
its railroad, with not exceeding four tracks, from any 
point on Fourteenth Street, between Main and Market 
Streets, and crossing Main Street between Thirteenth and 
Fourteenth Streets to Rowan or Monroe Street, and so as 
to connect the property now owned by it on the south- 
east corner of Main and Fourteenth Streets, with the lot 
of ground lately occupied by James Clark’s tobacco 
factory, situated at the southwest corner of Rowan or 
Monroe and Thirteenth Streets; said tracks to be con- 


RAILROADS (STEAM). 


nected with and to branch off from the railroad tracks 
now laid in Fourteenth Street. 


45. Said Company shall employ and keep such watch- 
men upon the tracks, and shall erect and keep up such 
gates for the prevention of injury to persons and vehicles, 
as the City Council may from time to time require. 


46. The work shall be done under the supervision of 
the City Engineer, and the tracks and rails shall at all 
times be kept at even surface with the surface of the 
streets, and the spaces between the rails shall be kept in 
repair at the exclusive cost of said Company. 


47. Said Company shall indemnify and hold harmless 
The City of Louisville against any claim for damages by 
any person by reason of the construction and operation 
of said track or tracks, and shall bind itself to The City 
for the performance of each undertaking in this ordi- 
nance. 


48. Trains shall not pass over said tracks at a rate of 
speed exceeding six miles per hour, nor shall locomotives 
or cars be permitted to stand across or in Main Street. 


49. The contract made between the Louisville, Cincin- 
nati, and Lexington Railway Company and the Shelby 
Railroad Company, for the lease and operation of the road 
of the last-named company, be and the same is hereby 
declared legal and valid as if the said companies had 
been specially authorized to make the same. 


50. It shall be lawful for said Louisville, Cincinnati, 
and Lexington Railway Company to contract with the 
Mayor and General Council of The City of Louisville, 
in behalf of said City, for the removal of said Company’s 
track and depot on Jefferson Street to, along and upon 
the fill and depot-grounds north of Main Street, in said 
City, and near to and along the old bed of Beargrass 
Creek as far as Second Street, in said City, on such terms 
as may be agreed on; and for that purpose said Mayor 
and Council may use and appropriate an amount of 
money not exceeding sixty thousand dollars, originally 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


Any wot o 
amend the 
charter of the 
L., C. & L. R’y 
Co. Approved 
April 1, 1880. 


Sec. 1. 


Id., Section 2. 


566 


An ordi- 
nance making 
an Appropria- 
tion tor the 
completion of 
the road-bed 
from a point 
near the round 
house of the 
Louisville, 
Cincinnati & 
Lexington 
Railway Com- 
pany, east of 
Southall Street, 
to Brook St., 
and directing a 
conveyance of 
The City’s title 
to the road- 
bed, and grant- 
ing the right 
of way; also 
directing the 
conveyance of 
The City’s title 
or claim to the 
spaces or par- 
eels of land 
between Brook 
and Second 
streets and the 
south line of 
the Wharf, on 
the north line 
of W ater St. 
Approv’d Apr. 
24. 1880. Sec- 
tion ihe 


Id., Section 3. 


RAILROADS (STEAM). 


raised for the purpose of such removal; and if, after 
meeting the requirements of such contract, any part of 
said sum remains, the same shall be paid into the City 
treasury, to be thereafter expended in the. Eastern Dis- 
trict of said City. ; 


d1, The sum of sixty thousand dollars is hereby ap- 
propriated for the completion of the road-bed and way, 
as provided herein, out of the proceeds of the bonds 
issued to construct a road-bed for the L., C. and L. Rail- 
road Company, under contract of June 3, 1870. 


52. The Mayor is hereby authorized and directed to 
convey by deed to the L., C. and L. Railway Company 
such title as The City of Louisville has to the road-bed, 
bridges, and right of way from near the round-house of 
the L., C. and L. Railway Company east of Southall 
Street, along Pocahontas Street and the old bed of Bear- 
grass Creek to Brook Street. Also all the land belonging 
to The City between Brook Street and Second Street, and 
the south line of the wharf and the north line of Water 
Street, to be used for depot and depot purposes, together 
with the right to operate a double-track steam railway 
along the route, with switches, sidings, and turnouts be- 
tween Brook and Second Streets, so far as the same are 
on public ways, as hear as may be, as shown on a map or 
plat on file in the City Engineer’s office. 


53. Simultaneously with said conveyance, the L., C. & 
L. Railway Company shall execute a bond, with good 
security, to be approved by the General Council, that 
said company will construct a first-class double-track 
road-bed along the route aforesaid, and finish the same 
with steel rails, and use and operate the same on or be- 
fore the first day of August, 1880, and on or before that 
date remove its tracks, and forever relinquish all its 
rights and franchises it now owns, or claims to own, on 
Jefferson Street, west of the present grounds of said Com- 
pany at the head of Jefferson Street, and put said 
Jefferson Street in good repair where the same had been 


RAILROADS (STEAM). 


occupied by the rails, cross-ties, efc., of said Railway 
Company ; that said L., C. & L. Railway Company shall 
construct a track upon said road-bed from their round- 
house aforesaid to their depot at Second Street, and of 
such gauge as to allow the cars of the Louisville and 
Nashville Railroad Company to be run on the same for 
the delivery and reception of freight by the loaded car- 
load to and from one consignor to one consignee in said 
depot, or at any private side-track along said track ; and 
said track shall be operated by the L., C. & L. Railway 
in conjuction with the lines of the Louisville Railway 
Transfer Company, and shall have the right to charge for 
every car-load of freight carried between the said depot on 
Second Street, or any of the private side-tracks between 
said depot and the round-house and the junction of the 
two roads at or near the House of Refuge, a sum not 
exceeding two dollars per car-load, and shall be at all 
times ready to make an agreement with the Louisville 
and Nashville Railroad Company by which said L. & N. 
Railroad Company shall charge one dollar less per car- 
load than established rates from their Broadway or Maple- 
street depots—this reduction to be made by the L. & N. 
Railroad Company on all such freights as would have 
been loaded at the expense of the said L. & N. Railroad 
Company had said freights been delivered at their said 
depot at Broadway or Maple Street. 


54. The road-bed hereinbefore described, and the lay- 
ing of the rails on the same, shall be constructed and 
finished under the supervision of the City Engineer, and 
allowances for same shall be made by the General Coun- 
cil from time to time as the work progresses, upon the 
sworn estimates of the Company’s engineer. That said 
L., C. & L. Railway Company shall keep such guards 
and watchmen at the streets where crossed by the cars 
and engines of said company as may be required by the 
Mayor of The City of Louisville; that the rate of speed 
used by said Company on the line of road from the round- 
house aforesaid to the depot at Second Street shall not 


568 


RAILROADS (STEAM). 


Id., Section 4. 


Asn ordi 
nance for the 
benefit of the 
Ohio & Mis- 
sissippi R. Rk. 
and the other 
railroads cross- 
ing the bridge 
of the Louis- 
ville Bridge Co. 
Approved 
June 30, 1870. 
Sec. 1. 


Id., Section 2. 


exceed six miles per hour from 6 A. M. to8 P. M., and 
shall not exceed ten miles per hour from 8 Pp. M. to 6 A. M. 


59. All merchants and manufacturers along said route 
shall have the right to connect their places of business 
by switch with the tracks herein provided for, provided 
they first obtain the consent of the General Council, and 
such switches are constructed under the supervision of 
the City Engineer. 


56. If either The City of. Louisville or the L., C. & L. 
Railway Company shall be prevented, hindered, or de- 
layed in the full and complete performance of any matter 
or thing required under Section 3 of this ordinance, or the 
bond aforesaid, by legal or equitable proceedings or legis- 
lative requirements, the time of such prevention, hin- 
drance, or delay shall not be computed as part of the 
time within which anything required of either party shall 
be performed. 


57. In order to facilitate the transfer and exchange of 
business between the various railroads now crossing or 
which may hereafter cross the Louisville Bridge, now 
erected over the Ohio River, and connecting with the 
Louisville and Nashville Railroad, and in order to give 
shipping facilities to manufacturers, merchants, and all 
others who may establish warehouses, factories, lumber- 
yards, coal-yards, and other places of business along the 
route of the various roads coming in and going out of The 
City of Louisville, the right of way is hereby granted to 
the Ohio and Mississippi Railroad, and such other rail- 
roads aS may come into The City and desire to use said 
bridge, to lay down their track or tracks with the neces- 
sary switches from the south end of said bridge to Four- 
teenth Cross-Street, and along said Fourteenth Street to 
the southern limits of The City of Louisville, and along 
Kentucky or Zane Street to the Louisville and Nashville 
Railroad depot. 


98. The Louisville and Nashville Railroad Company 
shall have the right of way along said Kentucky or Zane 


RAILROADS (STEAM). 


and Fourteenth Streets, and thence to the depot or depots 
of the connecting roads which are now or may be estab- 
lished in The City of Louisville by the various railroads 
crossing the Louisville Bridge. 


59. The right of way and other immunities and privi- /d., Section 3. 


leges herein granted are upon the express conditions that 
said railroad companies shall allow any and all parties 
owning property or doing business on the line of said 
railroad to have switches and side-track or tracks along- 
side and through their property, and to connect with the 
main track or tracks; and it shall be and it is hereby 
made the duty of said railroad companies using said 
streets to receive and deliver on said switches or side- 
tracks freight by the car-load on the same terms and 
price as though received and delivered at the principal 
depot or depots of said railroad companies: And pro- 
vided further, that the railroad companies aforesaid, be- 
fore entering upon the streets aforesaid to lay track or 
tracks, with switches and side-tracks, necessary to facili- 
tate the local and through business, shall severally enter 
into bond, to be approved by the General Council of The 
City of Louisville, conditioned to pay all cost or dam- 
ages which may result to individuals or the owners of 
property by reason of the laying down of said track or 
tracks, and for which The City of Louisville would be 
liable in the use of the same, and to make, grade, and 
pave, according to ordinance, and keep said several streets 
along which said tracks may be laid in good order from 
curb to curb (after the same shall have been made), as 
may be directed from time to time by the General Coun- 
cil, under the supervision of the City Engineer. 

60. The motive power to be used on the south side of 
Main Street shall be what is called a steam pony or 
dummy, and the motive power to be used on the north 
side of Main Street may be such steam power as is used 
by the various roads crossing the bridge: Provided, the 
rate of travel shall not exceed six miles per hour. 


Id., Section 4 


61. The switches and side-tracks heretofore authorized Jd., Section 5. 


RAILROADS (STEAM). 


Id., Section 6. 


~ 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


to be laid down in the streets aforesaid shall be laid down 
under the supervision of the City Engineer; and the 
right is hereby expressly reserved to The City of Louis- 
ville to change or alter the grades of said streets, and to 
pass all such ordinances in relation thereto as the public 
interest may require (not inconsistent with or repugnant 
to the rights herein granted). 


62. All the railroads using the bridge from the north 
side of the river shall do all local business over the bridge 
and at the depot north of Main Street, except for live- 
stock. 


63. All railroad companies which desire to cross the 
bridge aforesaid, for the purpose of exchanging freight 
and passengers, shall do so on equal terms, without being 
compelled to enter into any combination as to rates 
of freight and passengers; and all railroad companies 
accepting the provisions of this ordinance shall enter into 
a written contract with The City of Louisville and each 
other, binding themselves to carry out the provisions of 
the same, before entering upon the streets aforesaid. 


64. The rights and privileges herein granted shall be 
null and void and of no effect, and shall cease, whenever 
the said railroads and the Louisville Bridge Company 
shall fail to permit any and all railroads desiring to do so 
to cross said bridge and the Bridge Company’s railroad 
track with their cars on equal terms. 


65. The Louisville and Nashville Railroad, the Louis- 
ville Bridge Company, and the Jeffersonville, Madison 
and Indianapolis Railroad Company shall relinquish and 
forever abandon the right of way in or along Maple 
Street, and shall take up the track in said street, and leave 
said street in as good repair as when the track was first 
laid ; and said companies shall have the right to extend 
their tracks from a point on Fourteenth Street along 
Kentucky Street, and thence into the Louisville and 
Nashville Railroad. 


66. Railroad companies accepting the terms of this 


RAILROADS (STEAM). 


ordinance shall give bond, to be approved by the General 
Council, that they will build a bridge over the track in 
Broadway, of such suitable structure and dimensions as 
may be named and designated by the City Engineer, and 
when required by the General Council, first having one 
year’s notice—railroads not to be responsible for damage 
to property-owners by reason of constructing said bridge. 


67. The Louisville Bridge Company, or the railroad 
companies crossing the bridge of said Bridge Company, 
are hereby autherized and empowered to construct and 
operate along Fourteenth Street and along Maple Street 
one or more additional railroad tracks connecting their 
said depots and the tracks over and across the said bridge 
with the Louisville and Nashville Railroad depot and 
with such Union Depot as may hereafter be located and 
constructed in said City; and said railroad companies 
may construct and operate one or more tracks connecting 
said bridge with the Louisville and Nashville Railroad 
depot, of such gauge or gauges as to allow the cars of 
other connecting roads to pass over the same to and from 
said Depot. 

68. The Louisville Union Depot and Transfer Company 
shall locate its buildings and warehouses at some point 
south of Main Street in said City. The said railroad 
companies using said bridge as herein provided, or the 
company operating said Union Depot, is hereby autho- 
rized and empowered to extend, construct, and operate 
said connecting tracks on and along Tenth Street, from 
Maple Street to Oak Street, thence along Oak Street east- 
wardly to the line of the Louisville and Nashville Rail- 
road, thence parallel with said road southwardly to the 
Southern Stock-yard, with the privilege of crossing all 
public streets and alleys intersected by said route. 


69. In consideration of the powers and privileges herein 
eranted to the various companies named, it is provided 
that such of said companies as accept and exercise these 
privileges shall permit the owner or owners of any ware- 
house, manufactory, lumber-yard, or other business estab- 


571 


An ordi- 
nance to afford 
to the Louis- 


ville Bridge 
Com pany, to 
the various 
Railroad Com- 
panies crossing 
the Ohio River 
on the bridge 
of said Bridge 
Company, and 
to the Union 
Depot and 
Transfer Com- 
pany proper fa- 
cilities for the 
transaction of 
their business. 
Approv’d Mar. 
14,1872. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


D712 


RAILROADS (STEAM). 


TId., Section 4. 


Id., Section 5. 


lishment, to connect the same with said connection track 
or tracks at any point between Main Street and Broad- 
way: Provided, that such owner or owners must first 
obtain the consent of the Mayor and General Council of 
said City to connect their warehouses, e¢c., as aforesaid. 
And further, that said companies operating over said con- 
necting tracks shall run cars, either loaded or empty, as 
may be required, into and out of all such warehouses, 
manutactories, efc., over the tracks consented to by the 
aforesaid City authorities ; and shall deliver and receive 
freight therefrom directly from and into their cars, as may 
be required by the operators of those business places. 
And no discrimination shall be shown in favor of one 
shipper or receiver over another; but the cars shall be 
run into and out of all such warehouses, e¢c., as promptly 
as possible. And there shall be charged for the transfer 
of such cars between the respective depots of said railroad 
companies in The City of Louisville and the places where 
the same are to be delivered or received on said private 
tracks not more than one dollar for each car, loaded in 
whole or in part. 


79. In further consideration of the powers and privi- 
leges herein granted, the railroad companies, or other 
companies accepting and exercising the same, shall, at 
their own exclusive cost and expense, keep in good repair’ 
the streets on and along which the said connecting track 
or tracks may be laid and operated. To enable the said 
City to improve the said streets, or to construct or repair 
the necessary sewers in, along, or over and across the 
same, the said companies shall, whenever such improve- 
ments or sewers are to be made, after receiving due and 
proper notice thereof, at their own cost and expense 
exclusively, temporarily remove such track or tracks, or 
so protect the same that such repairs, improvements, or 
sewerage may not be impeded. 


71. The companies exercising the privileges herein 
granted shall, at their own cost, Keep and maintain a 
flagman at each and every intersection of a street crossed 


RAILROADS (STEAM). 


by the tracks herein authorized, within the limits of said 
City, when so ordered by resolution of the General Coun- 
cil. 


72. The rate of speed within the limits of The City of 
Louisville on the tracks herein authorized shall not ex- 
ceed six miles per hour. 


73. For any damage done to person or property, caused 
by the operation of the cars or engines of said companies 
within said City, The City shall not be Hable; but said 
companies shall hold The City free and harmless from all 
claims for loss or damage sustained by reason of the ope- 
ration of the tracks herein authorized. 


74, The Louisville Bridge Company, or the railroad 
companies now crossing the bridge of said Company, if 
desiring to avail themselves of the privileges herein grant- 
ed, shall within ninety days after the date of approval 
of this ordinance by the Mayor formally accept the same 
on the conditions provided, and enter separately into con- 
tract with The City to carry out the intentions hereof. 


75. For any violation of such contract or of the provi- 
sions of this ordinance by either of the companies, the 
contract shall terminate and this ordinance be void and 
null to the company concerned. 


76. All other railroad companies that may hereafter 
construct their roads and cross the bridge aforesaid, as 
also the Union Depot and Transfer Company, after it 
shall erect the proposed Union Depot, shall, if they wish 
to avail themselves of the said privileges, be permitted to 
do so upon equal terms with the other companies, after 
entering into contract with said City as herein provided, 
the contracts to be reported to the Council for approval. 


77. This ordinance shall take effect as soon after its pas- 
sage as Section 8 hereof shall be complied with. 


78. Upon being requested so to do by the Elizabeth- 
town and Paducah Railroad Company, the Mayor is 
hereby authorized and directed to enter into a contract 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


An ordi- 
nance to au- 
thorize and di- 
rect the Mayor 


O74 


RAILROADS (STEAM). 


to contract 
with the E: & 
P. BR. BR. Co, to 
extend and ope- 
rate its branch 
railroad and 
run its cars on 
and along 
Fourteenth St. 
Approved Oct. 
27, 1818. See, 1 


An ordi- 
nance in re- 
gard to the 
right of way to 
the Louisville, 
Harrods’ Creek 
& Westport 
Railway Co. 
Approved Apr. 
8, 1878. Sec. 1. 


with said Company, allowing, so far as The City has the 
power to grant the same, the said Company to extend 
(under the direction of the City Engineer) and operate 
its branch railroad, with such sidings as it may deem 
necessary, and operate the same on and along Fourteenth 
Street, from the City limits to Maple Street—said track 
to be temporarily removed when necessary for City im- 
provements of said street—and to run its cars on the 
railroad already constructed on and along Fourteenth 
Street to the Ohio River Bridge of the Louisville Bridge 
Company, and on all branches or switches of said road as 
may be now or hereafter constructed, which contract 
shall contain the same terms, conditions, limitations and 
covenants, so far as the same are applicable, which are 
contained in the several contracts between The City of 
Louisville and the Louisville Bridge Company, the Louis- 
ville and Nashville Railroad Company, and the railroad 
companies crossing said bridge, executed pursuant to the 
provisions of an ordinance entitled ‘‘An ordinance to 
afford to the Louisville Bridge Company, to the various 
railroad companies crossing the Ohio River on the bridge 
of said Bridge Company, and to the Union Depot and 
Transfer Company, proper facilities for the transaction of 
their business,’ approved March 14, 1872; which con- 
tract shall bind the said Elizabethtown and Paducah 
Railroad Company in all respects as the said other- 
mentioned companies are bound by their said several con- 
tracts. 


79. Right of way is hereby granted, so far as the Gen- 
eral Council has the right to grant the same, to the 
Louisville, Harrod’s Creek, and Westport Railway Com- 
pany to build and operate their railway inside the City 
limits, from the City limits, near the Cut-off, along the 
middle line of Fulton Street, as far down as Adams Street, 
and thence along the north side of Fulton Street, as the 
track is now located and the road operated, to foot of 
First Street (with one switch or turn-out), until such time 
as said street may be graded and paved by ordinance, 


RAILROADS (STEAM). 


when said track shall be laid by the company in or on 
such portion or line of Fulton Street as the General 
Council may desire, the same to be built upon grades 
selected by the City Engineer, and under his supervision: 
Provided, that the right of way herein granted shall 
cease and be of no effect whenever the Louisville, Harrod’s 
Creek, and Westport Railway Company shall fail to 
comply in any particular with this ordinance and the 
terms of the lease herein provided to be made. 


80. And no trains shall be run at a greater rate of speed 
than six miles per hour, and The City may, at any time 
when necessary for repairs of streets, or making sewers, 
culverts, or other improvements, cause said railway to 
remove all or any of said tracks and replace the same 
free of any cost to The City. The same rules and regula- 
tions as to the rate of speed and running arrangements 
and charge for fares shall apply and be binding upon said 
railroad company as now exist with the several street-car 
railroad companies. 


81. The right of way herein granted shall continue 
seventeen years from date of the approval of this ordi- 
nance, and at the end of said term the said Louisville, 
Harrod’s Creek, and Westport Railway Company shall 
remove its rails, cross-ties, eéc., and put said street in 
good repair, provided The City desires such removal. 


82. The said Louisville, Harrod’s Creek, and Westport 
Railway Company shall, upon notice from the City Engi- 
neer, and under his supervision, and at the exclusive cost 
of said Company, construct, at each intersection crossed 
by said railway, a crossing for all kinds of vehicles, and 
keep the same in good repair. 

83. Said Company shall be bound to receive and deliver 
freight on switches connecting with said road within the 
City limits, by the car-load, at a rate not exceeding one 
dollar per car-load extra. 


84, His Honor the Mayor is hereby authorized to make 
to said Louisville, Harrod’s Creek, and Westport Rail- 


On 
a 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 4. 


Id., Section _6. 


1 


RAILROADS (STEAM). 


Id., Section 7. 


way Company a lease to the following-described pieces 
of land, for the term of seventeen years from the date of 
the approval of this ordinance—to wit: The first piece 
beginning at a point two hundred and eighty-eight feet 
north of the north line of Water Street on the east side 
of First Street; thence north one hundred feet, east four 
hundred and twenty feet ; thence south one hundred feet ; 
thence west four hundred and twenty feet to the begin- 
ning. The second piece beginning at the southeast corner 
of a lot of land owned by John Shallcross’ heirs, one 
hundred and forty-eight feet five and one half inches 
east of the west line of Brook Street, and running with 
the north line of Fulton Street east four hundred and 
forty feet; thence north one hundred feet; thence west 
four hundred and forty feet to Shallcross’ east line ; thence 
south to the point of beginning, excepting all such spaces 
as are now occupied by coal-scales and coal-roads, all of 
which is correctly represented on the map accompanying 
the petition, as indicated by the red ines—the Mayor to 
report the lease to the General Council for its approval. 


85. His Honor the Mayor, and the chairmen of the 
finance and wharf committees of each Board of the Gen- 
eral Council, shall be and they are hereby appointed a 
committee to fix the price to be paid by said Railway 
Company for the use of said land, to prescribe the time 
and manner in which the payment shall be made, and to 
prepare the lease, and the Company is to give bond, with 
good security, for the payment of said lease, to be ap- 
proved by the Council. 


86. Before this ordinance shall take effect, or any 
right under it, said Louisville, Harrod’s Creek, and West- 
port Railway Company shall execute to The City of 
Louisville, for the benefit of the citizens individually, a 
bond, with good security, to save The City of Louisville 
and the citizens thereof free from all damages resulting 
from the operating of the route herein named by said 
Louisville, Harrod’s Creek, and Westport Railway Com- 
pany. 


RAILROADS (STEAM). 

87. And this route and right of way is granted along 
Fulton Street, from the City limits near the Cut-off down 
to or near the foot of First Street, in lieu of any and all 
grants heretofore made by The City of Louisville, which 
grants are surrendered upon the accceptance of the one 
herein named. 


88. The said Railway Company shall at all times keep 
its rails and tracks even with the surface of the streets 
through which the same is laid, and shall at all times 
keep their cars out of the lines of the streets, unless the 
said cars are in motion or receiving or unloading freight 
or passengers. 


89. Said Railway Company shall, within three months 
after the passage of this ordinance, lay a turn-out or a 
switch on the north side of Fulton Street, from Brook 
Street to First Street, north of the track now in use, for 
the purpose of loading and unloading cars. 


90. The Louisville, New Albany and Chicago Railway 
Company, a corporation organized under the laws of the 
State of Indiana, is hereby constituted a corporation, 
with power to sue and be sued, contract and be contracted 


with, to haveand useacommon seal, with the power inci- 


dent to corporations, and authority to operate a railroad. 


91. The Louisville, New Albany and Chicago Railway 
Company is hereby authorized to purchase or lease, for 
depot purposes, in The City of Louisville or County of 
Jefferson, such real estate as may be deemed by it to be 
necessary for passenger and freight depots and transfer, 
machine-shops, and for all switches or turn-outs neces- 
sary to reach the same; and is also authorized to connect 
with any railroad or bridge now operated or used, or 
which may be hereafter operated or used in said County 
of Jefferson, and may build any such connecting lines, 
or lease or operate the same, and for all said purposes 
shall have the right to condemn all property required for 
the carrying out of the objects herein named, and may 


bond the same, and secure the payment of any such 
37 


O77 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


An act to 
incorporate the 
New Albany 
and Chicago 
Railway Co. 
Approved Apr. 
8,1880. Sec. 1. 


Id., Section 2. 


578 


Id., Section 3. 


RAILROADS (STEAM). 


bonds by a mortgage of its property, rights, and fran- 
chises. 


92. Said corporation shall have the power and right 
to condemn all property in The City of Louisville or 
County of Jefferson, in this State, which may be deemed 
by it to be necessary for the purposes set out in this act; 
and that the proceedings for that purpose shall be insti- 
tuted either in the Jefferson Court of Common Pleas or 
the Louisville Chancery Court, and shall be carried on, 
as nearly as may be, as actions at law by ordinary pro- 
ceedings. Warning orders against non-residents, absent 
defendants, or unknown owners of property, must be 
published three times in one of the daily newspapers 
published in said City of Louisville, State of Kentucky— 
the last publication at least ten days before the trial. 
The owners of distinct parcels of one contiguous tract 
may all be included in one proceeding, or any one or 
more of them holding contiguous tracts may be proceeded 
against in a separate action. The court shall make all 
such rules, orders, and judgments as will secure a fair 
trial by an impartial jury of said City or County, and 
shall give precedence upon its docket as soon as the par- 


ties are before the court and the issue made up. ‘The 
_ jurors shall be sworn truly to ascertain’ and determine 


by their verdict the amount of compensation each owner 
will be entitled to if his land or property described in the 
petition be condemned. The court in which these pro- 
ceedings are brought shall have power to assign a day for 
the trial of the case as soon as the petition is filed. Upon 
the return of the verdict, the court shall render judgment 
vesting title to the property described in the proceedings 
in said corporation, said judgment to take effect upon the 
payment into court by said corporation of the amount of 
money named in the verdict within thirty days after the 
rendition of said judgment : and should said corporation 
fail to so pay said money within said time, the said pro- 
ceedings shall be dismissed without prejudice to other 
and subsequent proceedings. 


RAILROADS (STEAM). 


93. The Louisville, New Albany and St. Louis Railway 
Company, a corporation formed and existing under the 
laws of the States of Indiana and Illinois, is hereby made 
a corporate body within this commonwealth, with all the 
rights and privileges, and subject to all the duties and 
liabilities conferred or imposed upon other railroad com- 
panies incorporated by the laws of this commonwealth. 


94. Said Company shall have the right to build and 
operate a railroad in the County of Jefferson, and in The 
City of Louisville, from the terminus of any bridge now 
or hereafter built across the Ohio River, or from any rail- 
road-transfer landing on the said river to any station, or 
to a junction with any other railroad in the said County 
or City; and may purchase, lease, or make running 
arrangements with the owners of any such railroad, and 
said Company may carry and transfer its locomotives, 
cars, freight, and passengers across the Ohio River; it 
being the intent and purpose of this act to enable and 
authorize the said Company to build, own, and operate a 
line of railway from some convenient point in the said 
City of Louisville to any such bridge or transfer landing ; 
and so as to connect the same with a line of railway in 
the State of Indiana by bridge or river transfer ; and the 
said Company may establish and construct such depots, 
sidings, turn-tables, shops, and offices as may be deemed 
expedient, and it may purchase, lease, or otherwise ac- 
quire property for the said railroad depots, sidings, shops, 
offices, and other purposes of the said Company; and for 
these objects may condemn property by proceedings in 
the Jefferson Court of Common Pleas or Louisville Chan- 
cery Court; and in such proceedings the owner or owners, 
or claimants of the property sought to be condemned, 
Shall be made defendants, and be summoned as in other 
actions. Theactions shall be tried by a jury, unless a jury 
be waived; and the proceedings shall be according to the 
practice in the cases of a traverse of the return upon a 
writ of ad quod dainnum. 


95. The said Company may issue and sell its negotiable 


O79 


An actin 
relation to the 
Louisville, 
New Albany 
and St. Louis 
Railway Co. 
Approved Apr. 
9,1880. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


580 


RAILROADS (STEAM). 


Id., Section 4. 


An act to 
charter the 
Louisville and 
Nashville Rail- 
road Co. Ap- 
proved March 
5,1850. Sec. 22. 


bonds, bearing a rate of interest not exceeding seven per 
centum per annum, payable at such time and place as it 
may determine; and may secure the same or other obli- 
gations by a mortgage upon the property, rights, and 
franchises of the said Company within this State, either 
separately or in connection with the property out of the 
State. | 


96. The said Company shall have the right to build or 
operate its railroad over and along such public ways in 
The City of Louisville as may be permitted by the Gen- 
eral Council of the said City: Provided, said Company 
does not interfere with the chartered rights of any other 
railroad or railroad company or companies. 


97. The corporation of The City of Louisville, and the 
County Courts of the Counties of Jefferson, Bullitt, Nel- 
son, Larue, Barren, Allen, Green, Taylor, Hardin, Hart, 
Edmondson, Warren, and Simpson, and of any other 
counties through which this road may pass, a majority 
of all the members of the Board of Councilmen of said 
City, and of the County Courts of said counties, con- 
curring therein, be and they are hereby authorized to 
subseribe for and on behalf of said City and counties as 
many shares in the capital stock of said railroad as to 
them may seem expedient, and to levy the sum so sub- 
scribed on the taxable property of said City or counties ; 
and the better to ascertain the public sentiment of said 
City and counties in reference to the proposed subscrip- 
tion of said stock herein authorized, said Board of Coun- 
cilmen and County Courts are hereby authorized, if by 
them deemed expedient, in such manner as they may 
direct and prescribe, to submit the same to a vote of the 
qualified voters of said City and counties respectively. ? 


2 The City of Louisville was, prior to March 1, 1882, the owner of nine- 
teen thousand one hundred and thirty-two shares of stock in the Louisville 
and Nashville Railroad Company. By authority of an act of the Legisla- 
ture, approved February 1, 1882, the Commissioners of the Sinking Fund of — 
The City of Louisville disposed of ten thousand of said shares. The balance 
of nine thousand one hundred and thirty-two shares is still held by The City. 


RAILROADS (STEAM’, 


581 


98. The profit declared on the stock of The City of 
Louisville and the respective counties shall only be held 
subject to the order of the board by consent of the Gene- 
‘ral Council of The City and the respective county courts. 

99. The Railroad Company may guaranty the payment 
of the interest and principal of all or any part of the 
bonds of the several counties which have been or may be 
delivered in payment of stock by an indorsement on each 
bond so guarantied the following words: ‘‘'The Louis- 
villeand Nashville Railroad Company guaranty the pay- 
ment of the interest and principal of the within bond,”’ 
to be signed by the president and countersigned by the 
secretary, and the seal of the corporation affixed. Coun- 
ties, towns, cities, and other corporations that have or 
may subscribe for stock and pay the same in bonds, may, 
under the provisions of laws in their respective States, 
retire the bonds issued by them and delivered in pay- 
ment of stock, by the transfer of the county or cor- 
poration stock made by the proper authority, or may 
by indorsement in these words, ‘‘Convertible into stock 
at the election of the holder in five years after a through 
run of the cars from Louisville to a point within the city 
of Nashville,’ to be signed by the Mayors of cities and 
Clerks of County Courts. On such transfer being made, 
the Railroad Company shall cancel so much of the stock 
of the county, city, or corporation, and issue the same 
to the holders of such transfers or convertible bonds. 
The bonds, when surrendered, shall be canceled. 


100. Said Railroad Company may atany time and place, 
in the United States or elsewhere, without the formality 
of opening books for public subscriptions, or appointing 
commissioners for that purpose, receive subscriptions of 
stock to their Company by individuals, towns, cities, 
counties, or other corporations, whether payable in money 
or other things, with such terms and time of payment, 
conditions annexed, and kind of payment, that may be 
set forth in the subscription ; and when the stock so sub- 
scribed is earned or paid for, certificates thereof shall be 


An act to 
amend the 
charter of the 
Louisville and 
Nashville Rail- 
road Company. 
Approved Jan. 
17,1856. Sec. 1. 


Id., Section 2. 


Id., Section 1. 


582 


RAILROADS (STEAM). 


An act to 
amend the 
charter of the 
Louisville and 
Nashville Rail- 
road Company. 
Approved Feb. 
6,1858. Sec. 7. 


An act to 
amend the 
charter of the 
Louisville and 
Nashville Rail- 
road. Approv’d 
Feb. 10, 1864. 
Sec. 2. 


issued to those entitled to it. Said Company may also 


contract to pay, in the capital stock of the Company, for 


anything necessary to carry on the work of construction, 
or pay any debt of the Company ; and may sell, convey, 
and deliver any property received for stock, or mortgage 
or pledge the same. 


101. To enable the Louisville and Nashville Railroad 
Company to make profitable the outlay for grading, ma- 
sonry, and bridging, to the south bank of Green River, 
the General Council of The City of Louisville shall be 
and are hereby authorized and empowered to subscribe 
three thousand additional shares of the stock of the 
Louisville and Nashville Railroad Company and pay 
for the same in the bonds of The City of Louisville, 
in sums of not less than one hundred dollars nor more 
than one thousand dolars, the one fourth thereof pay- 
able in one year, one fourth in two, one fourth in 
three, and one fourth in four years from their respective 
dates, bearing six per cent., payable half-yearly at some 
bank in The City of Louisville, and payable to the Louis- 
ville and Nashville Railroad Company, signed by the 
Mayor of The City, and with the seal of the corporation 
affixed, countersigned by the Auditor, and the coupons 
signed by the Auditor. 

102. The City of Louisville, and the several counties 
holding stock in said road, paid in bonds, may sell to 
said road, or to others, their stock for the redemption 
of their bonds: Provided, however, that no sale shall 
be made by the justices of the peace, or County Court 
of any county, or The City of Louisville, without the 
question of ‘‘sale or no sale’’ shall first be submitted 
to the legal voters of the county or city desiring to 


sell—said election to be held, after sixty days’ notice, in 


the manner elections are held for members of the legis- 
lature ; a majority of the voters voting for the sale shall 
authorize a sale to be made. 

|“ BG@SSee AssEssorn—BRIDGES AND FrERRIES—CoRPORATE PowERS— 
ENGINEER—FINANCE—FINES AND MISDEMEANORS—GENERAL CouNCcIL— 


Pustic Ways— Raitways (STREET) —Sinxine Funp — TAaxaTIoNn — 
TRANSFER AND TRANSPORTATION COMPANIES. 


OHA P TER: xXx xX VILL 


RAILWAYS (STREET). 


CONG ENTS: 


1. Legislative authority to The 
City in regard to street railways. 

2. Petition of owners and tenants 
as a prerequisite; recital in the ordi- 
nance and effect thereof. 

3. Letting of franchises. 

4. Regulation of fares. 


5. Ordinance protection to street 
railroads. 

6. Majority of interest. 

7. Effect of the act. 

8. The City is given the power to 
cause the construction of railroads in 
her streets; proviso; the Council may 
empower others to construct street 
railroads, subject to its regulation 
and control. 

9. Ordinance regulation of the 
terms and conditions of street rail- 
ways. 

10. The consent of the General 
Council necessary before laying down 
tracks in any street. 

11. Proviso with regard to con- 
flicting franchises. 

12. Regulation of gauge, 
grade, and bridges. 

13. The bond which railway com- 
panies shall enter into with The City; 
forfeiture of franchises. 

14. Further conditions. 


15. Bond for the fulfillment of re- 
quirements of the Council. 


16. Proposals; advertising, etc. 
17. Fare of passengers. 


18. Costs of construction; receipts ; 
reports, etc.; franchises not transfera- 


ble. 


19. Exemption of The City from 
liability for damages. 


rails, 


20. Contracts. 

21. List of stockholders. 

22. The use of tracks by other com- 
panies; conditions. 

23. Specifications to be met by all 
licensed companies. 

24. Effect of the ordinance; con- 
tracts. 

25. Use of tracks by other vehicles 
than cars; fine. 

26. Obstruction by vehicles; fine 

27. Obstructions on tracks; fine. 

28. Disorderly conduct of passen- 


29. Numbering and licensing of 
cars; price of license. 


30. Fine. 
31. Relative movement of cars. 


32. The Council to prescribe terms 
and conditions of occupancy of streets 
with railways. 


33. Restrictions of such grants. 


34. Law governing construction 
of railways. 

35. Street railways may be ope- 
rated on Sundays. 


36. The Louisville City Railway 
Company incorporated. 

37. Corporate power and autho- 
rity. 

38. Capital stock. 


39. Directors; by-laws; subscrip- 
tions. 


40. Payment of subscriptions. 


41. Extensions; right of way; in- 
cidental powers. 


42. Rates of fare. 
43. Repairs of street. 


RAILWAYS (STREET). 


44. Commencement of operation 
under the franchise. 


45. Council may regulate fare. 

46. Issuance of bonds. 

47. Empowered to carry freight. 
48. May build tracks upon any 


City street with the Council’s con- 
sent. 


49. Authority to issue bonds, cou- 
pon and registered. 

50. Payment of bonds; mortgage; 
proviso. 

51. Right of way; Brook Street. 

52. Payment of costs of repairs 
required. 

53. Numbering and registering of 
cars; license. 

54. Substitution of tram for cres- 
cent rails. 


55. Line of cars from the L. & N. 
depot to Brook and Main streets. 

56. Curves and connections. 

57. The Company to discontinue 
litigation against The City; and pay 
costs. 

58. After fulfillment of conditions 
by the Company, The City to keep 
street in repair. 

59. Supervision by the City En- 
gineer. 

60. The contracts between The 
City and the Company continued and 
modified. 

61. Acceptance of ordinance by 
the Company; contract; time tor 
completing work. 

62. Right of way in Fifteenth 
Street granted. 

68. The Engineer’s supervision. 

64. Observance of the contract of 
March 28, 1864. 

65. Right of way in Highteenth 
Street granted. 

66. Dean & Coleman tram-rail re- 
quired; Engineer’s supervision; con- 
ditions. 

67. Contract of March 9, 1874, ad- 
hered to. 

68. License. 

69. Time for beginning and com- 
pletion of work. 

70. Right of way in Main, Six- 
teenth, Seventeenth, and other streets 
granted, 


71. The Dean & Coleman tram- 


rail required; Engineer’s supervi- 
sion; conditions. 


72. Express condition as to old 
tracks in Portland Avenue. 


73. Contract of March 9, 1864, ad- 
hered to. 


74. Acceptance by the Company. 


75. The City’s right to purchase 
waived for fifteen years. 


76. Ordinance permitting the use 
of Market Street conditioned. 


77. Right of way in Second, First, 
and Twelfth streets granted. 


78. Contract of March 9, 1864, 
followed. 

79. Engineer’s supervision. 

80. Time allowed for beginning 
and completion of work. 

81. Right of way in Second Street, 
Shipp Avenue, First Street, and 
House of Refuge grounds granted. 

82. Time allowed for work. 

83. Running of cars; fare, etc. 

84. Johnson tram-rail required; 
Engineer’s supervision. 

85. Contract. 

86. Acceptance by the Company. 

87. Gates. 

88. Removal of tracks; opening of 
Second Street. 

89. Contract with 
House of Refuge. 

90. Repair of streets. 

91. Adjustment of disputed rights 
between The City and the railway 
companies; reference; basis of settle- 
ment. 

92. Numbering and licensing of 
cars. 

93. Brook-street right of way con- 
firmed. 

94. Curves and connections. 

95. Contracts; conditions. 

96. Rate of fare chargeable. 

97. Right of way in Main and 
Fifteenth streets granted the Citi- 
zens’ Passenger Railway Company; 
conditions, 

98. Right of the Louisville City 
Railway Company to use the fran- 
chises of the Citizens’ Passenger Rail- 
way Company; stipulations and con- 
ditions. 

99. Repairs. 


managers of 


RAILWAYS (STREET). 


100. Use of present tracks and 
privileges of extension. 

101. Engineer’s supervision. 

10z. Contract of December 30, 
1865. 


103. The Citizens’ Passenger Rail- 
way Company authorized to be sold 
to the Louisville City Railway Com- 
pany. 

104. The Central Passenger Rail- 
road Company incorporated; term of 
years; powers. 

105. Authority. to build and ope- 
rate a railroad; location of tracks; 
terms and conditions. 

106. Capital stock. 

107. Board of directors; by-laws; 
subscriptions. 

108. Election of directors; vacan- 
cies; powers. 

109. Extensions of tracks; power 
to condemn by writ of ad quod; au- 
thority to acquire, hold, and convey 
real estate, borrow money, ete. 

110. Motive power; regulation of 
rate of speed, fares, trips, etc.; Com- 
mencement of operations; the Du- 
mesnil contract assumed by the Com- 
pany. | 

111. Real estate held not to exceed 
in cost $100,000. 

112. Power to lease property or 
franchises. 

118. May adopt by agreement 
_ other motive power. 

114. Power to subscribe to capital 
stock in other companies, etc. 

115. How subscriptions to be made. 

116. Amount invested; limit. 

117. Authority to buy, sell, or lease 
property and franchises. 

118. Authority to carry freight 
and parcels. 

119. Authority to lay tracks on any 
street in The City to which the Coun- 
cil may consent. 

120. May operate cars by the cable 
system, electricity, etc. 

121. Right of way in Baxter Ave- 
nue granted; also in Fourth Street, 
Ormsby Avenue, and Seventh Street; 
mode of construction, conditions, 
modification of existing contract; 
specific requirements. 

122. Annual license; repairs of 
streets. 


123. Ordinance may be repealed. 


124. Acceptance within thirty days. 

125. New contract. 

126. Duty of Company when streets 
are improved. 

127. Repeal and effect. 

128. Right of way in Fourth Street 
and Magnolia Avenue; condition. 

129. Acceptance. 

130. Right to repeal ordinance. 

131. Joint use by the Louisville 
City Railway Company. 

132. Right of way in Fourth Street 
beyond Magnolia Avenue; condi- 
tions. 

133. Acceptance. 

134. Right of repeal. 

135. The Company required to con- 
struct and operate its road on Fourth 


Street, between Magnolia Avenue 
and Lee Street. 

136. Time allowed for compliance. 

137. Required to reconstruct and 
operate its road on Walnut, from 
Twenty-first to Twenty-fifth Street, 
and on Fourth Street. 

188. City’s right to purchase 
waived for fifteen years. 

139. Time for completion of work. 


140. Right of way in Nineteenth, 
Bank, and Thirty-third streets, High 


_ Avenue, Thirty-fifth, and Water 


streets; conditions and stipulations. 

141. Repeal of former grants. 

142. Right of way to the Kentucky 
Street Railway Company along Fifth, 
Chestnut, Brook, and Oak streets. 

143. Conditions. 

144. Privileges to passengers of 
being transferred to Walnut-street 
line; union of the two lines; con- 
nection during the Southern Exposi- 
tion. 

145. Further conditions of the 
grant. 

146. Engineer’s supervision; re- 
moval of tracks. 

147. Authority of the City Council 
made necessary before building line 
of railway. 

148. Constructed lines declared 
legal. - 

149. Power to build and operate on 
other streets. 

150. Power to borrow money, ete. 

151. Right of way granted to the 
Crescent Hill Railway Company 


585 


586 


An act to 
empower The 
City of Louis- 

‘ville to autho- 
rize the con- 
struction of 
railroads in any 
of its streets, to 
be propelled 
by horse power. 
Approv’d Mar. 
2, 1860. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


RAILWAYS (STREET). 


through Hamilton Avenue, Payne | cuted to The City as a condition 


and Bridge Streets. precedent. 
152. Engineeer’s supervision; re- 155. Contracts governing Comp’y. 
moval of tracks, etc. 156. Time allowed for beginning 
153. Term of franchise limited to | of work. 
twenty years. 157. License. 
154. Covenant required to be exe- 158. Repeal of former grant. 


1. The General Council of The City of Louisville may 
pass ordinances from time to time authorizing the con- 
struction of a railroad, to be propelled by horse-power 
and to be used only for the transportation of passengers, 
in any street in said City, and regulating the mode of 
constructing and using the same; but no such ordinance 
shall be passed until the majority in interest fronting the 
street between the termini of the proposed railroad shall 
petition in writing for the same. 

2. Every such ordinance shall recite on its face that 
such petition had been presented to the General Council ; 
and in all suits or proceedings instituted to prevent or re- 
strain the construction of such railroad, or in any way in- 
volving the right to construct tbe same, this recital shall 
be received as prima facie evidence of the facts recited ; 
and in all suits or proceedings to prevent or restrain the 
use of said railroad, or to remove obstructions therefrom, 
or to enforce penalties for obstructing the same, said 
recital shall be received as conclusive of the facts recited. 

3. The right to construct and use any railroad which 
may be authorized by ordinance shall be publicly let to 
the person or persons who will agree to transport passen- 
gers for the smallest sum, or who will pay The City the 
largest per centwm of his or their gross receipts, which- 
ever shall be required in the ordinance, and will comply 
with all the conditions required by the ordinance ; notice 
of the time and place of the letting shall be published at 
least ten days in three daily papers published in said 
City; and the ordinance shall be published along with 
said notice: Provided, however, the General Council may 
have the right to reject any such offer or bid should they 
deem the amount so bid insufficient. 


RAILWAYS (STREET). 


4. The General Council shall, in every such ordinance, 
prescribe what shall be charged for the transportation of 
passengers ; but in no case shall any higher sum than ten 
cents be allowed for the transportation of one passenger 
from one terminus of the railroad to the other. 


5. The General Council may from time to time pass 
ordinances, with suitable penalties, to prevent the ob- 
struction of any such railroad or to compel the person or 
persons running or having charge of the same to keep 
the same in good order. 


6. In determining the majority of interest, as specified 
in Section 1 of this act, the same shall be determined by 
the value of the property as assessed by the City Assessor 
at the preceding assessment. 


7. This act shall not affect the rights of any railroad 
company now occupying any street in said City, and it 
shall take effect from and after its passage. 


8. The General Council of The City of Louisville are 
hereby empowered and authorized to have constructed a 
railroad or railroads, with single or double tracks, in 
such streets of said City as they may by resolution desig- 
nate: Provided, that steam-power shall not be used in the 
propulsion of cars. To carry out the powers granted in 
Section 1 of this act, the General Council may, by con- 
tract, sale, or bargain, empower any corporation or corpo- 
rations, parties or company, to construct said street rail- 
roads, the General Council reserving all rights to regu- 
late and control the same. 


9. Any company or individuals organized for the pur- 


pose of laying down rails for running street-passenger 


cars, to be drawn by horses or mules through the streets 
of Louisville, shall be guided, governed, and regulated 
by the following conditions and such restrictions as the 
General Council may hereafter pass. 


10. No company or individuals shall be permitted to 
lay down a track through any of the streets of said City 


Id., Section 4. 


Id., Section 5. 


Id., Section 6, 


Id¢., Section 7. 


An act for 
the benefit of 
The City of 
Louisville. 
Approved 
March 2, 1863. 
Secs. 1 and 2. 


An ordi- 
nance prescrib- 
ing the terms 
and conditions 
of street pas- 
senger rail- 
roads in The 
City of Louis- 
ville. Approv- 
ed July 26, 
1863. Sec. 1. 


Id., Section 2. 


588 


Id., Section 3. 


Id., Section 4. 


RAILWAYS (STREET). 


without first having obtained the consent of the General 
Council, designating the company or individuals to whom 
the privilege is granted and the streets through which 
said line shall run. 


11. Provided, that before said street railroad company 
or individuals shall commence to run their cars upon any 
street where it will injuriously affect or interfere with 
the business of any omnibus line or lines, they shall, at 
the option of the owner or owners of such omnibus line, 
purchase such omnibus line or lines, together with all 
property belonging to and used in such omnibus business, 
at a price to be agreed upon between said street railroad 
company or individuals and such omnibus line or lines; 
or if they can not agree, then to be ascertained in the 
folowing manner: One disinterested person, acquainted 
with the value of said omnibus business and property, 
shall be chosen by said street railroad company or indi- 
viduals, and one by such omnibus line ; and the two per- 
sons so selected, if they can not agree, shall choose a 
third, and the valuation set by these persons, or any two 
of them, in writing, on such omnibus business and pro- 
perty, shall be final and conclusive. 


12. All tracks laid shall be of the gauge of five feet and 
two inches, and of the most approved rail, and the same 
to be laid according to the direction of the General Coun- 
cil and City Engineer, and in such manner as to be no 
impediment to the ordinary use of the streets, with suit- 
able bridges at all the gutters, so as to permit the flow of 
water under the same, and on such grades as are now or 
may be hereafter established by the General Council. 


13. Any company or individuals to whom any privilege 
shall be granted by The City, shall first enter into a good 
and sufficient bond in the penal sum of twenty-five thou- 
sand dollars with The City; said bond to be drawn by 
the City Attorney or Assistant City Attorney, and to 
constitute a lien upon all the property and franchises of 
the Company ; to bowlder between the rails; also to pave 
or bowlder (as the street may be) two feet on the outside 


ZAILWAYS (STREET). 


589 


of each rail, so as to correspond with the street outside ; 


to keep the same in good repair, to the satisfaction of the , 


General Council; and also that no motive-power, except 
horses and mules, shall be used upon any road ; and that 
no road shall be used in any way for the transportation 
of freight, but expressly for City passenger cars. And 
if any company, or individual to whom any privilege 
shall be granted, shall fail to keep so much of such street 
or streets, as above specified, in good and sufficient repair, 
or shall refuse to pay into the City treasury the amount 
of the tax or license fixed by the Council for the privi- 
lege of using the street, as required by this Section, the 
General Council shall have the right to prevent the use of 
said street or streets by removing the rails therefrom. 


14. And upon the further condition that any company 
or individual to whom any privilege may be granted shall 
place and continue upon said roads good cars, with all 
modern improvements for the comfort and convenience 
of passengers, and that they run passenger cars thereon 
as often as the public convenience may require, and under 
such directions as the General Council may from time to 
time prescribe. 


15. And provided, also, that any company or individual 
to whom such privilege may be granted shall in all 
respects comply with the directions of the General Coun- 
cil in building said roads, and in the running of cars 
thereon, and in any other matters connected with the 
regulation of the same: And provided, also, that any 
company or individual shall, before the permission takes 
effect, enter into a bond, with mortgage, as hereinbefore 
provided, to be drawn by the City Attorney or Assistant 
City Attorney, and approved by the General Council, 
binding themselves and their successors to abide by and 
perform the stipulations and provisions herein contained, 
and also all such other resolutions or ordinances as may 
be passed by the General Council regulating the running 
upon said roads. 


Td., Section 5. 


Id., Section 6. 


590 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


RAILWAYS (STREET). 


16. Provided, that the City Auditor shall, when in- 


_ structed by the City Council, advertise for ten days in 


the official papers of this City, stating the routes which 
have been designated by Council for street railroads, and 
ask for sealed proposals under this ordinance to construct 
the same, and the company or individual that will pay 
the highest amount of license per car per annwm, and 
the highest amount for each passenger carried, and also 
to bid for the lowest price of commutation tickets, in 
packages of not less than twenty-five, shall be considered 
the successful bidder: Provided, however, the General 
Council shall be the judges of the bids. 

17. And provided, any such company or individual 
shall not charge more than five cents for each passenger 
on any of said roads. 

18. And provided further, that they shall file with the 
City Auditor a statement, under oath, of the cost of each 
mile or fraction of a mile of road completed ; and also 
a monthly statement of the gross receipts, and shall 
exhibit the books and vouchers belonging to said com- 
pany or individual to a committee of the General Coun- 
cil, or to any person or persons the Council may appoint 
to examine such books and accounts at any time. But 
no company or individual, to whom any privilege may 
be granted, shall assign or transfer their franchise in said 
road or roads without first obtaining the consent of the 
General Council thereto. 


19. And provided further, that The City of Louisville 
shall not be held liable to any company or individual for 
any damage any company or individual may incur from 
the breakage of any sewer or water-pipe, or from any 
delay in the transportation of passengers that may be 
caused by the laying of sewer-, water-, or gas-pipes, or the 
necessary repairing of the same, or from any other delays 
or damages that may be caused by fire or otherwise; but 
any such company or individual shall be liable for any 
loss or injury that any person may sustain by reason of 
any carelessness, neglect, or misconduct of their agents 


RAILWAYS (STREET). 


or servants in the management, construction, or use of 
said track or roads; and any such company or individual 
shall indemnify and hold The City harmless from any 
damage that may be claimed by property-holders or by 
any person or persons on account of the laying of said 
track, or in the use or by reason thereof, or by running 
the cars thereon. 


20. And provided, any company or individual to whom 
privilege may be granted as aforesaid, shall, within ten 
days after the passage of a resolution granting such privi- 
lege, come forward and sign the proper contract, agreeing 
to abide by these stipulations and other ordinances that 
may be passed hereafter by the General Council regulat 
ing such roads, and agreeing further to commence said 
road within sixty days thereafter, and complete the same 
_within twelve months. 


21. The president and secretary of each and every such 
company or of individuals shall, on the first day of Jan- 
uary in each and every year during the continuance of 
the contract, furnish to the General Council a full and 
complete list of the stockholders thereof; and such state- 
ment shall be verified by the oaths of said president and 
secretary, to be administered by a notary public of the 
County of Jefferson, and attested by his seal, or by any 
person authorized to administer oaths. 


22. The City Council shall, at any future time, have 
the power, when the public good demands, to grant a 
second or third company or individual the right to occupy 
any track already laid down: Provided the expense of 
laying and keeping in repair said track, so far as used by 
different companies or individuals, shall be equally borne 
by all those that use them ; but the Council shall not have 
the right to grant a permit to run upon any route already 
disposed of for a greater distance than one tenth of the 
whole route. 


23. The following specifications regulating the running 
of street railroads in Louisville are required of each and 


591 


Id., Section 11. 


Id., Section 12. 


Id., Section 138. 


Ia., Section 14. 


592 


RAILWAYS (STREET). 


every company or individuals taking out license under the 
provisions of this ordinance—viz:; (1.) No car shall be 
drawn at a greater Speed than six miles an hour. (2.) 
While the cars are turning the corners from one street to 
another, the horses or mules shall not be driven faster 
than a walk. (3.) Cars driven in the same direction shall 
not approach each other within a distance of three hun- 
dred feet, except in case of accident, when it may be neces- 
sary to connect two cars together; and also except at 
stations. (4.) No car shall be allowed to stop on a cross- 
walk, nor in front of any intersecting street, except to 
avoid collision or to prevent danger to persons in the 
street. (5.) When the conductor of any car is required 
to stop at the intersection of streets to receive or leave 
passengers, the cars shall be stopped so as to leave the 
rear platform slightly over the crossing. (6.) The con- 

ductors and drivers of each car shall keep a vigilant | 
watch for all teams, carriages, persons on foot, and espe- 
clally children, either on the track or moving towards it, | 
and on the first appearance of danger to such teams or 
persons, or other obstructions, the car shall be stopped 
in the shortest time and space possible. (7.) The con- 
ductor shall not allow ladies and children to enter or leave 
the cars while in motion. (8.) Conductors shall announce 
to the passengers the names of the streets, or the place 
wherever the cars cross in connection with any other rail- 
road track. (9.) The cars after sunset shall be provided 
with signal lights. (10.) No cars shall remain standing 
at the central or principal depot more than five minutes, 

excepting at the ferry landing ; and the cars shall run as 
often as the public good demands or the General Council 
may from time to time direct. (11.) The cars shall be 
entitled to the track, and any vehicle upon the track of 
said company shall turn out when any car comes up, so as 
to leave the track unobstructed, and the drivers of any 
vehicle refusing to do so, when requested by the driver of 
any car, Shall be liable to a penalty of not exceeding five 
dollars on conviction before the City Court of Louisville, 

and costs of prosecution ; and all fines collected under 


v 


RAILWAYS (STR EET) ‘ 


593 


this Section shall be paid into the City treasury, to be 
appropriated to the School Fund. (12). Provided, that 
if any person or persons shall have cause to remove any 
large iron safe, or other large and heavy substance, they 
shall be allowed a sufficient time to load and unload the 
same, without being liable to the penalty attached by this 
Section. 


24. This ordinance shall continue and be in force from 
and after its passage. All contracts made under the pro- 
visions of this ordinance shall be for the term and period 
of twenty years. 


29. Any person or persons who shall use or cause to be 
used on any street railroad, or on the track, or part of 
track, of any street railroad company, any car, omnibus, 
or other vehicle, fitted or adjusted to run on the rail or 
track, or part of rail, of any street railroad in The City 
of Louisville, to carry passengers and compete with said 
railroad company, or owners of any street railroad in 
carrying passengers, without the consent of such rail- 
road company or owners, shall be fined not less than five 
dollars nor more than fifty dollars for every offense. 


26. Any owner or driver of any dray, wagon, or other 
vehicle, who shall willfully or maliciously, or unneces- 
sarily obstruct, hinder or delay the passage of cars of any 
street railroad company over their track by standing their 
vehicle on or across the track of any railroad company, 
or moving thereon, shall be fined five dollars for every 
such offense. 


27. Any person or persons who shall willfully or mali- 
ciously place any obstructions upon the track of any street 
railroad company in The City of Louisville, so as to hin- 
der or delay unnecessarily the cars of said company, or 
damage the same, or willfully or maliciously damage or 
injure the property of any street railroad company, shall 
be fined not less than five dollars nor more than fifty dol- 
lars for each offense. 


Id., Section 15. 


An ordi- 
nance concern- 
ing street rail- 
roads. Ap- 
proved Oct. 
30, 1865. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


28. Any person or persons who shall enter any car or Jd, Section4. 


38 


594 


RAILWAYS (STREET). 


An ordi- 
nance concern- 
ing street rail- 
road cars. Ap- 
proved July 16, 
1866. Sec.1. 


TId., Section 2. 


The charter, 
act of Mar. 8, 
1870. Sec. 15. 


cars of any street railroad company in The City of Louis- 
ville and refuse to pay the usual and lawful fare for 
carrying passengers thereon, or who shall molest or ob- 
struct and disturb the conductor or driver, or passengers 
of said car, or who shall use profane or obscene language 
on said car, shall be fined not less than five dollars nor 
more than fifty dollars for each offense. 


29. It shall be unlawful for any street railroad car to be 
for any time used for carrying passengers on any of the 
railways in The City without being numbered and duly 
licensed for and during the time such car shall be so used. 
The price of license for each street railroad car used 
within the City limits for carrying passengers shall be 
twenty-five dollars per annwm until otherwise ordained. 


30. If any car shall be used without being numbered or 
licensed as required by this ordinance, the company to 
which said car shall belong, or for whose benefit the same 
shall be so used, shall be fined not less than ten nor more 
than twenty dollars for each day or part of day such car 
shall be so used. 


31. Cars driven in the same direction shall not approach 
each other within a distance of three hundred feet, except 
in case of accident, when it may be necessary to connect 
two cars together, and also except at stations. For a vio- 
lation of the provisions of the second Section of this 
ordinance, the driver of the car so violating, or the com- 
pany allowing it, shall be fined five dollars for each 
offense. | 


32. Said Council shall prescribe by ordinance the terms 
and conditions upon which the public ways of The City 
may be used or occupied by street railways. 


33. No grant for a double track shall be made; nor shall 
a grant for the construction or operation of any street rail- 
way be made, until those applying for such privilege fur- 
nish the General Council with the written consent of a 
majority of the owners of property fronting or binding on 


RAILWAYS (STREET). 


the proposed line of railway; nor until public notice of 
the intention to make the grant, and inviting proposals 
therefor, shall have been published for ten days in one or 
more of the principal daily papers of The City ; nor shall 
the grant be made except to persons who shall agree to 
carry passengers at the lowest rate of fare, and give good 
security to comply with the terms of the grant and ordi- 
nances of The City not in conflict therewith. 


34, The construction of street railways shall be under 
the direction of the General Council, and shall conform 
to the grade of the streets, and be subject to removal or 
obstruction during the construction, reconstruction, and 
repairs of streets and other public improvements, and to 
be replaced at the cost of the owners or operators of such 
railroad without claim for damages for such obstruction 
or removal; and this shall be so stated in the grant and 
contract. 


39. The provisions of the General Statutes regarding 
the observance of Sunday shall not apply to street rail- 
way companies. 


36. Bland Ballard, J. B. Smith, G. H. Ellery, Z. M. 
Shirley, J. T. Boyle, J. G. Barret, and W. C. Hite, and 
their successors, are hereby created a body corporate and 
politic, by the name of the ‘‘ Louisville City Railway Com- 
pany,’’ for the term of thirty years, with all the powers 
and authority incident to corporations, for the purposes 
hereinafter mentioned. 


37. The corporation is hereby authorized and empow- 
ered to construct, maintain, and operate a single- or double- 
track railway, with all necessary and convenient tracks 
for turn-outs, side-tracks, and appendages, in The City 
of Louisville, and in, on, over, and along such street or 
streets, highway or highways, within the present or future 
limits of The City of Louisville, as the General Council of 
_ said City shall authorize said corporators so to do, in such 
manner, and upon such terms and conditions, and with 
such rights and privileges, as the said General Council 


595 


An act con- 
cerning street 
railways. Ap- 
proved Mar. 5, 
1880. 


An act to 
incorporate the 
Louisville City 
Railway Com- 
pany. Ap- 
proved Feb. 15, 
1864. Sec. 1. 


Id., Section 2. 


596 


Id., Section 3. 


Id., Section 4. 


Id., Section 5, 


RAILWAYS (STREET). 


may, by contract or otherwise, with said corporation or 
any of them, prescribe, as provided in an act entitled ‘“‘An 
act for the benefit of The City of Louisville,’ approved 
March 2, 1863; but said corporation shall not be liable for 
any baggage carried on said railways, kept in and under 
the care of its owner, his servant or agent. 

38. The capital stock of the Louisville City Railway 
Company shall be one hundred thousand dollars, and may 
be increased, from time to time, at the pleasure of said 
corporation. It shall be divided into shares of one hun- 
dred dollars each, and be issued and transferred in such 
manner and upon such conditions as the board of direc- 


_ tors of said corporation may direct. 


39. The affairs of said corporation shall be managed by 
seven directors, one of whom shall be president—all of 
whom shall be stockholders in said corporation. The first 
board of directors shall consist of Bland Ballard, J. B. 
Smith, G. H. Ellery, Z. M. Shirley, J. T. Boyle, J. G. 
Barret, and W. C. Hite, who shall continue in office until 
their successors shall be elected by a majority in interest 


of the stockholders of said corporation ; and the board of ~ 


directors chosen by the stockholders shall continue in 
office for one year, or until their successors are elected 
and qualified. If any of the above-named directors shall 
decline or refuse to act, a majority of the others shall fill 
the vacancy by appointing or choosing some one else. 
They may adopt such by-laws, rules, and regulations for 
the government of said corporation, and the management 
of its affairs and business, as they may deem proper, not 
inconsistent with the laws of this State. The said cor- 
porators, or any of them, may open books of subscription, 
and receive subscriptions to the capital stock of the Louis- 
ville City Railway Company, herein incorporated ; and 
such books of subscription may be opened and subscrip- 
tions received at such times and places, and upon such 
notices thereof, as any three of said corporators may deem 
right and proper. 


40. At every subscription of stock to the capital stock 


RAILWAYS (STREET). 


of said Louisville City Railway Company there shall be 
paid, at the time of subscribing, to said corporation, or 
such agent as any three of them shall designate, ten per 
cent. of the amount so subscribed ; and so soon as the one 
hundred thousand doHars of capital stock is subscribed, 
and ten per cent. thereof paid in, the said corporators, or 
any of them, shall give notice of the time and place at 
which an election shall be held for a new board of direc- 
tors, who shall hold and continue in office as provided 
herein. The board of directors of said corporation may 
fill all vacancies in their body which may happen by 
death, resignation, or otherwise, and may make such calls 
of payment of stock as they deem proper, not to exceed 
five per cent. for every thirty days. 


41, The said corporation is further hereby authorized 
to extend such railways as they may be authorized to con- 
struct under this act to any point or points within three 
miles of the limits of The City of Louisville; and to enable 
the said corporation to construct any railways authorized 
by this act, the said corporation is invested with the right 
to acquire such land or right of way, by writ of ad quod 
damnum, in the same manner that turnpike-road compa- 
nies are authorized by the one hundred and third Chapter 
of the Revised Statutes of Kentucky, as may be necessary 
for laying their tracks, side-tracks, turn-outs for car-sheds 
and stables. The said corporation are authorized and 
empowered to acquire and hold and convey real estate, 
exclusive of their tracks and right of way, to an amount 
not to exceed fifty thousand dollars. The said corpora- 
tion may borrow money to an amount not to exceed the 
capital stock of the Company, and issue bonds in sums of 
one hundred, five hundred, and one thousand dolars, and 
may pledge and mortgage the property of the said corpo- 
ration, including railway tracks, fixtures, rolling-stock, 
and all appurtenances and real estate belonging to said 
corporation. 


42. The rate of fare for any distance within the City 
limits shall not exceed five cents, and outside the City 


Id., Section 6. 


Id., Section 7. 


598 


RAILWAYS (STREET). 


Id., Section 8. 


Id., Section 9. 


An act t» 
amend the 
charter of the 
Louisville City 
Railway Com- 
pany. Ap- 
proved Mar. 9, 
1867. psec. 


Id., Section 2. 


limits it shall not exceed ten cents for each passenger, ex- 
pect when cars or carriages shall be chartered for a spe- 
cific purpose. 


43. The cars to be used upon said railways shall be ope- 
rated by animal power, and the streets on and along which 
said railway company may run their tracks shall be kept 
in good repair by said company for two feet on either side 
of the track, so long as said company shall continue to 
operate said roads, under such regulations as the General 
Council may prescribe by ordinance or agreement. 


44, The railways authorized to be constructed by this 
act shall be commenced within sixty days after the right 
of way on or over said street or streets shall be obtained, 
and the consent or agreement of the General Council pro- 
cured, and the same shall be completed at the rate of two 
miles per year, and within three years from the commence- 
ment thereof. Nothing in this act is to be construed so 
as to limit or affect the rights and powers of The City of 
Louisville now vested in said City, or the General Council 
thereof; and is not to affect the legal rights of other com- 
panies, or the right and power of The City to agree or 
contract with other persons or companies to build street 
railroads in said City. 


45, The charter of the Louisville City Railway Com- 
pany is so amended as to allow said Company to charge 
on their routes within the City limits whatever rate of 
fare as may be allowed by the General Council of said 
City. 


46. Said Company are hereby authorized to issue the 
bonds of said Company, signed by the president and coun- 
tersigned by the secretary of said Company, with semi-. 
annual coupons, having not over thirty years to run from 
their date, bearing interest at a rate of not exceeding ten 
per cent. per annum. And to secure the payment of 
said bonds and coupons the president of said Company is 
hereby authorized to execute a mortgage on all of the 
property, tracks, franchises, stock, and other things and 


RAILWAYS (STREET). 


rights now owned by said Company, and on such fran- 
chises, rights, stock, tracks, and other property hereafter 
acquired or owned by them. 


47. Whereas the said Louisville City Railway Com- 
pany is now operating lines of railroad in The City of 
Louisville and County of Jefferson for the accommoda- 
tion of passenger travel only; therefore, for the further 
convenince of the public, the said Company is hereby au- 
thorized and empowered to carry freight and parcels by 
horse-power over its lines and charge a reasonable com- 
pensation therefor: Provided, however, that should the 
said City Council hereafter desire to regulate the rates 
and character of freight and the running of cars therefor 
over the said road, they may do so; but the said Com- 
pany shall not be compelled to carry freight. 


48. The Louisville City Railway Company shall have 
the right to build, construct, and operate a line or lines 
of single- or double-track street railway upon such street 
or streets in Louisville as shall be by the General Council 
of said City, by resolution or otherwise, authorized and 
consented to. 

49. The Louisville City Railway Company is hereby 
authorized to make and sell its negotiable bonds, to an 
amount not to exceed one million dollars, bearing a rate 
of interest not to exceed six per centwm per annum, 
payable semi-annually, and which bonds may be made 
payable at any time not exceeding thirty years after date, 
and may provide for the exchange of any such bonds for 
any of the bonds or notes of said Company which may be 
outstanding. The said Company is-authorized to attach 
coupons for the-interest thereon to any of such bonds, or, 
at the request of the holder of any such bonds, may cause 
the same to be registered in his name upon the books of 
the Company, in which case the bonds so registered shall 
be transferable only upon the books of the Company by 
such holder in person or by attorney, and the said Com- 
pany may make regulations providing for such transfers, 
and also for a change of any of the said bonds, at the 


599 


An act to 
amend the 
charter of the 
Louisville City 

Railway Com- 


Den yin sep 
proved April 
15, 1882. 

Al aee Ko 


amend the 
charter of the 
Louisville City 
Railway Com- 
Pan yoy A p= 
proved Apr. 26, 
1884. 


o An act ‘to 
amend the 
charter of the 
Louisville City 
Railway Com- 
pany. Ap- 
proved May 12, 
1884. Sec. 1. 


600 


RAILWAYS (STREET). 


Id., Section 2. 


An ordi- 
nance for the 
benefit of the 
Louisville City 
Railway Co. 
Approved 
Sept. 11,1872. 
Decal, 


Id., Section 2. 


request of the holder, from coupon into registered bonds, 
or from registered into coupon bonds, and when any bond 
shall be registered it shall be so stated in an indorsement 
on such bond. 


90. The said Company is authorized to secure the pay- 
ment of the bonds aforesaid, with the interest thereon, 
by a mortgage or deed of trust upon any or all of its pro- 
perty, rights and franchises, and may provide therein 
that the bonds so secured shall be certified by the trustee 
in the deed of trust or mortgage to be the bonds secured 
thereby, and that the holder of any such bonds may by 
agreement with the Company convert the same into bonds 
of smaller denominations: Provided, that this act shall 
not authorize said Company to include in said mortgage 
the following lines—the right to build which is claimed 
by and now in litigation between the Central Passenger 
Railway Company and the said Louisville City Railway 
Company—namely: The intersection of Nineteenth and 
Walnut streets, along Nineteenth Street to Bank Street ; 
thence along Bank Street to Thirty-third Street, to High 
Avenue ; thence along High Avenue to Thirty-fifth Street; 
thence along Thirty-fifth Street to Water Street (or Port- 
land Wharf); thence along Water Street (or Portland 
Wharf) to a point near the Ferry landing. And it shall 
be so expressed on the face of the mortgage. 


d1. The right of way, so far as the General Council has 
the power to grant the same, is hereby granted to the 
Louisville City Railway Company to lay down a single- 
track railway, with turn-outs in Brook Street, from Jef- 
ferson to Main Street, with curves connecting the Brook- 
Street track with the Main- and Jefferson-Street tracks. 

52. The said Louisville City Railway Company shall 
put that part of the street between its rails and for two feet 
on each side in perfect repair; shall pay all back license 
and such sums as were expended by The City in repairing 
the street on its account, as shown on the books of the City 
Engineer, during the years 1869, 1870, 1871, and 1872; the 
above sums to be paid in money or by the notes of the Com- 


RAILWAYS (STREET). 


pany, with security to be approved by the Mayor and 
General Council, payable in six, twelve, eighteen, twenty- 
four, and thirty months after date, with ten per cent. 
interest from date, negotiable and payable in bank. 


53. The said Louisville City Railway Company shall 
number and register with the License Inspector every car 
operated by them, and shall henceforth pay to the City 
Treasurer in advance, as a license for each car to be by it 
run during the year, fifty dollars. 


54, The said Louisville City Railway Company shall, 
within three years, and sooner if required, take up their 
crescent rails on its routes in The City and lay down in- 
stead the tram-rail, and shall at any time, upon two days’ 
written notice from the Mayor, remove its tracks, efc., 
from any part of any street, at its own cost, when the 
same may be improved in any way, either by reconstruc- 
tion, sewering, or otherwise; and when new streets are 
made or reconstructed they shall lay down the tram-rail 
at such time. 


099. The said Louisville City Railway Company shall 
run a line of cars from the Louisville and Nashville Rail- 
road depot to Main Street at Brook Street, running v/a 
Broadway, Sixth, Jefferson, Brook, and Main streets, to 
the corner of Sixth and Main streets, then v7a@ Sixth Street 
and Broadway to the Louisville and Nashville Railroad 
depot, or such points as The City may direct, and but one 
fare shall be charged on the above route. 


96. The said Louisville City Railway Company shall 
lay down necessary curves at the corner of Fourth and 
Jefferson streets west of Fourth Street, conneeting Fourth 
Street with Jefferson Street, and shall also lay down 
curves at Fourth and Main streets, and operate the same 
in connection with Main Street to Brook Street. The said 
Railway Company shall have the right to connect the 
tracks of the Louisville City Railway Company with the 
tracks of the Citizens’ Passenger Railway at any point 
they may intersect. 


601 


Id., Section 38. 


Td., Section 4. 


Id., Section 5. 


Ia Section 6. 


602 


Id., Section 7. 


Id., Section 8. 


RAILWAYS (STREET). 


97. Before the said Louisville City Railway Company 
shall have the right to do anything herein provided, and 
before said Company shall be in anywise released or 
relieved from any of its undertakings in its contracts 
heretofore made with The City of Louisville, the said 
Louisville City Railway Company shall dismiss all suits 
now pending in its name against The City of Louisville, 
and pay all the cost attending such litigation. 


58. Upon the payment by said Railway Company of 
said back license, and upon the payment of such sums 
expended by The City in repairing the streets on its 


account, as charged on the books of the City Engineer, 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


during the years 1869, 1870, 1871, and 1872, or the execu. 
tion of notes for said sums as provided for in this ordi- 
nance, and upon the dismissal of such actions, and upon 
the streets between the rails of said Company’s tracks and 
for two feet each side being put in perfect repair, as here- 
inbefore provided for, the said Louisville City Railway 
Company shall thereafter be released from its contract to 
keep said streets in repair, and said repairs thereafter 
shall be done by The City. The certificate of the Mayor, 
City Engineer, and City Attorney, that the foregoing 
provisions in this Section have been complied with shall 
be held as conclusive evidence of such compliance and 
release. 


59. All changes of track, laying of curves, and work 
required to be done by this ordinance by said Railway 
Company, shall be done under the supervision of the City 
Engineer. 


60. This ordinance is in continuation and modification | 
of the contracts heretofore made between The City of 
Louisville and the Louisville City Railway Company. 


61. The said Louisville City Railway Company shall, 
within one month from the approval of this ordinance, 
notify the Mayor of its acceptance of the provisions of 
said ordinance, or the same shall be inoperative ; and the 
said Railway Company shall, within one month after the 


RAILWAYS (STREET). 


603 


passage of this ordinance, enter into a contract with The 
City to carry out the provisions of the ordinance, or the 
same shall be null and void. The above curves and work 
ordered and agreed to be done shall be done within three 
months from the approval of this ordinance. 


62. The Louisville City Railway Company having pro- 
duced herewith a petition in writing, giving the written 
consent of a majority of the owners of property fronting 
and binding on the route named in the title of this ordi- 
dance, and the intention of making the grant and inviting 
proposals therefor having been duly published according 
the charter, permission is hereby granted to said Louis- 
ville City Railway Company, so far as The City has the 
right to grant the same, to lay down and operate a single- 
track railway from Main Street, through Fifteenth Street, 
to Rowan Street, connecting at Main Street and Rowan 
Street with single curves, and from Rowan Street to Port- 
land Avenue. 


63. The extension of the railway track herein allowed 
shall all be made under the supervision of the City Engi- 
neer, and subject to removal or obstruction during con- 
struction, reconstruction, or repairs of streets and other 
improvements, and to be replaced at the cost of said Rail- 
way Company, without claim for damages for such obstruc- 
tion or removal—said tracks to conform to the grades of 
the streets. 


64. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of Louisville and the Louisville City 
Railway Company, of date, twenty-eighth of March, 1864, 
as fully as if this ordinance were a part of said contract. 


65. The Louisville City Railway Company having pro- 
duced herewith a petition, in writing, giving the written 
consent of a majority of the owners of property fronting 
and binding on the extension named in the title of this 
ordinance, and the intention of making this grant and 
inviting proposals therefor having been duly published 


An ordi- 
nance granting 
permission to 
the Louisville 
City R’w’y Co. 
tolay downand 
operate a sin- 
gle-track rail - 
way with nec- 
essary curves 
through Fif- 
teenth St. from 
Main Street to 
Rowan Street 
and thence to 
Portland Ave. 


ANY por 0, ved 
Nov. 16, 1872. 
sec. 1. 


Id., Section 2. 


Id., Section 3. 


An ordi- 
nance granting 
permission to 
the Louisville 
City Railway 
Co. to extend 
the line of rail- 
way on KHigh- 
teenth Street, 
from Kentucky 
Street to Du- 
mesnil Street. 
Approv’d Noy. 
4,1874. Sec- 
tion 1. 


604 


RAILWAYS (STREET). 


Id., Section 2. 


Id., Section 8. 


Id., Section 4. 


Id., Section 5. 


An ordi- 
nance granting 
permission to 


according to the City charter, permission is hereby granted 
to the said Louisville City Railway Company, so far as The 
City has the right to grant the same, to extend and operate 
the track, with necessary turn-outs, through and along 
Kighteenth Street to Dumesnil Street. 


66, The extension of the railway track herein allowed 
shall be made with the Dean and Coleman tram-rail, and 
under the supervision of the City Engineer, and subject 
to removal or obstruction during the construction, recon- 
struction, or repairs of streets, building of sewers, and lay- 
ing of gas- and water- pipes, and to be replaced at the cost 
of said Railway Company without claim for damages for 
obstruction or removal, and tracks to conform to the grade 
of the street. 


67. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of Louisville and the Louisville City 
Railway Company, of date, ninth of March, 1874, as fully 
as if this ordinance were a part of said contract. 


638. This ordinance and grant shall not take effect, but 


shall be null and void, unless said Railway Company 


shall, within two months from the approval hereof, exe- 
cute and deliver to The City of Louisville a covenant, 
with good security, to be approved by the General Coun- 
cil, conditioned for the full and faithful performance of 
the contract, and securing to The City of Louisville the 
prompt payment of fifty dollars per car per annum as a 
license for all cars operated over the extension herein 
granted. 3 


69. The said Louisville City Railway Company shall 
commence work on the said extension within sixty days 
of the approval of this ordinance, and complete the same 
within one year from that date, and shall charge only one 
fare over said extension to the central portion of The City 
not below Sixth Street. | 


70. The Louisville City Railway Company, having pro- 
cured herewith a petition in writing, giving the written 


RAILWAYS (STREET). 


* 605 


consent of a majority of the owners of property fronting 
and binding on the route named in the title of this ordi- 
nance, and in accordance with the charter of The City of 
Louisville, permission is hereby granted to said Louisville 
City Railway Company, so far as The City has the right 
to grant the same, to extend the tracks on Main Street 
from Fifteenth to Seventeenth Street, and tolay down and 
operate a single-track railway from Main Street through 
and along Sixteenth Street to Bank Street, and a single- 
track railway, with the necessary turn-outs, on Seven- 
teenth Street, from Portland Avenue to Main Street, and 
to connect the track on Main Street with the track on Six- 
teenth Street, and to connect the,track on Seventeenth 
Street with the tracks on Main Street and Portland Ave- 
nue, and to connect the track on Sixteenth Street with the 
tracks on Seventeenth Street v7a@ Bank Street. 

71, The extension of the railway track herein allowed, 
and the tracks to be laid,shall be with the Dean & Cole- 
man tram-rail, and under the supervision of the City 
Engineer, and subject to removal or obstruction during 
the construction or reconstruction of streets, and to be 
replaced at the cost of said Railway Company, without 
claim for damages for such obstruction or removal, said 
tracks to conform to the grades of the street. 


72. The right to make the extension on Main Street, 
and to connect the tracks on Main Street with the tracks 
on Portland Avenue v7a Sixteenth and Seventeenth streets, 
and all things contained in this ordinance are upon this 
express condition, however—to wit: That the said Louis- 
ville City Railway Company shall, within thirty days 
after constructing said railways on Main, Sixteenth, and 
Seventeenth streets, and connecting the one with the other 
by the necessary curves, take up its rails and discontinue 
forever the right to use or operate a track or tracks on 
Portland Avenue from Seventeenth to Rowan Street. 


73. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of: Louisville and the Louisville City 


the Louisville 
City Railway 
Company to 
extend the 
tracks on Main 
Street, from 
Fifteenth to 
Seventeenth 
Street, and to 
lay down and 
operate a sin- 
gle-track rail- 
way on be Bp. ae 
teenth Street, 
fron Main St. 
to) Bank St. 
and a single- 
track railway, 
with the neces- 
sary turn-outs, 
on Seventeenth 
St., from Port- 
land Avenue 
to Main Street, 


and to connect 


the one with 


the other. Ap- 
proved Nov. 
14, 1876. Sec- 
Dota. 


Id., Section 2. 


Id., Section 38. 


Id., Section 4. 


606 ® 


RAILWAYS (STREET). 


Id., Section 5. 


An ordinance 
in relation to 
the Louisville 
' City Railway 
Company. 
Approved Oct. 
28, 1878. Sec- 
tion 1. 


Id., Section 2. 


An ordinance 
to extend street 
railway tracks. 
Approved 
Nov. 28, 1881. 
Sec. 1. 


Id., Section 2. 


Id., Section 3. 


Railway Company, of date, March 9, 1864, as fully as if 
this ordinance were a part of said contract. 


74. The said Louisville City Railway Company shall, 
within thirty days from the approval of this ordinance, 
notify the Mayor of its acceptance of the provisions of 
said ordinance, or the same shall be inoperative. 


75. The said City hereby waives and postpones its right 
to purchase the property now owned by the City Railway 
Company for the term of fifteen years after the right to 
make the purchase shall accrue under existing contracts ; 
but the said City shall have the same right to make the 
purchase after the expiration of said fifteen years, as set 
out in said contracts. * 


76. Unless the said Louisville City Railway Company 
extend its tracks on Market Street from Twentieth Street 
to Twenty-fifth Street, and operate the same within six 
months from the approval of this ordinance, all of the pro- 
visions of said ordinance shall be null and void—the tracks 
to be double tracks, and to be operated in the same way, 
as to motive-power, frequency of trips, etc., as said road 
is operated east of Twentieth Street. 


s 


77. The Louisville City Railway Company are hereby 
permitted to extend their double tracks through and along 
Second Street, from Breckinridge to Oak Street, and 
through and along First Street, from Market Street to Jef- 
ferson Street, and through and along Twelfth Street, from 
Broadway to Oak Street; and they are also permitted to 
re-lay their tracks on First Street, from the south side of 
Main Street to Water Street, and on Jefferson Street, from 
Second Street to First Street. 


78. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of Louisville and the Louisville City 
Railway Company, of date March 9, 1864, as fully as if 
this ordinance was a part of the same. 


79. The tracks to be laid, and the work to be done, shall 
be under the supervision of the City Engineer. 


RAILWAYS (STREET). 607 


80. The extension of the tracks provided for in the first Zd., Section 4. 
Section of this ordinance shall be completed within eigh- 
teen months from the approval of the same. The said 
Louisville City Railway Company shall, within thirty days 
from the approval of this ordinance, notify the Mayor of 
its acceptance of the same, or the provisions of this ordi- 
nance shall be inoperative. 


81. The Louisville City Railway Company are hereby An ordinance 
permitted to lay down and operate a double-track rail- Hay an lar ' ie 
road through and along Second Street, from the extension Bee ave 
of the tracks on Second Street to Oak Street, provided Approv’d July 
for in ‘‘An ordinance to extend street-railway tracks, ae eee oe 
approved twenty-third day of November, 1881.’’ The 
tracks provided for in this ordinance are to be laid 
through and along Second Street to Shipp Avenue, and 
through and along Shipp Avenue to First Street, thence 
through and along First Street to H Street, thence through 
the House-of-Refuge grounds, in a southwesterly direc- 
tion, to the point where the Louisville and Nashville 
Railroad tracks are crossed by the drive or roadway 


through said grounds. 


82. The Louisville City Railway Company shall com- Id, Section 2. 
mence the work of laying said tracks herein provided for 
within one year from the approval of this ordinance, and 
complete the same within eighteen months from said ap- 
proval. 


83. The said Railway Company shall run cars over the 1., Section 3. 
above extension to Shipp Avenue as often as once an hour 
from 7 o’clock A. M. to 6 o’clock P. m., and they will be 
_ allowed to charge one fare of five cents from each passen- 
ger over said line to Shipp Avenue, and ten cents fare 
from Shipp Avenue to the terminus of said railroad near 
the Louisville Jockey-Club or Fair-Association grounds. 


84, The extension of the tracks over the paved part of Jd, Section 4. 
Second Street shall be made with the Johnson pattern of 
tram-rail, and the unpaved part may be made with T pat- 
tern of rail, to be taken up and relaid with the Johnson 


608 


RAILWAYS (STREET). 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


An ordinance 
concerning the 
Louisville City 
Railway Com- 


tram-rail when the street is improved. The work shall 
be done under the supervision of the City Engineer. 


85. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of Louisville and the Louisville City 
Railway Company, of date March 9, 1864, and as amended 
November 24, 1873, and October 23, 1878. 


86. This ordinance and grant shall not take effect, but 
shall be null and void unless the said Railway Company 
shall notify the Mayor of The City of its acceptance of 
the same within sixty days of its approval. 


87. At each entrance of the said House-of-Refuge 
grounds, by the said tracks herein. provided, the said 
Ree Company shall provide a gate, to be closed after 
the passage of each car to and fro. 


88. In the event the said House-of-Refuge grounds are 
sold, then the said Railway Company shall remove the 
said tracks at their own expense; but in the event that 
Second Street is opened through said grounds, then the 
said Railway Company will be allowed to lay their tracks 
through said Second Street, extended from Shipp Avenue. 


89. The said Railway Company shall enter into a con- 
tract with the managers of the House of Refuge -to hold 
harmless and protect this institution from all loss or dam- 
age caused by laying and operating said tracks. 


90. In renewing said tracks, the said Louisville City 
Railway Company shall do so with new material, and 
whenever the streets are broken the same shall be repaired 
with new material when necessary, in the opinion of the 
City Engineer; and for failure to keep and perform each 
provision of this ordinance the said tracks shall be re- 
moved, and every right herein granted shall be surren- 
dered to The City of Louisville. 


91. The matters of dispute herein referred to, now ex- 
isting between The City of Louisville on the one side and 
the Louisville City Railway Company and Citizens’ Pas- 


RAILWAYS (STREET), 
senger Railway Company on the other, are referred to the 
Mayor and City Attorney for settlement and adjustment, 
with directions to settle the same upon the basis herein- 
after set out: First—Said Railway Companies shall, within 
ninety days from the approval of this ordinance, put all 
that part of the streets of said City, except bowldered 
streets, between their rails and for two feet on each side 
thereof, in repair to the satisfaction of the City Engineer. 
Second—Said Railway Companies shall be required to ac- 
count and settle with The City for all sums due for both 
licenses at the rate of twenty-five dollars per year for each 
car operated by them, and pay the same in cash within 


three months from the passage of this ordinance. Third—' 


When the preceding requirements are complied with by 
said Railway Companies, then said Railway Companies 
are released from all obligations to repair the streets be- 
tween their rails and for two feet on each side thereof, and 
also are released from the payment of all sums of money 
now claimed to be due on account of such failures to re- 
pair streets. 


92. Said Railway Companies or assigns shall hereafter 
number and register with the City License Inspector all cars 
operated by them, and shall hereafter pay into the City 
treasury a license at the rate of fifty dollars per anna, 
payable on the tenth day of each month, for the average 
number of cars operated during the preceding month. 


93. The right of way heretofore granted, so far as the 
Council has the power to grant the same, to the Louisville 
City Railway Company to lay down a single-track railway, 
with turn-outs, in Brook Street from Jefferson to Main 
Street, with curves connecting the Brook-Street track with 
the Main-and Jefferson-Street tracks, is hereby confirmed. 


94. Said City Railway Company shall maintain the nec- 
essary curves at the corner of Fourth and Jefferson streets, 
west of Fourth Street, connecting Fourth Street with Jef- 
ferson Street, and shall also lay down and maintain curves 


at Fourth and Main streets, and operate the same in con- 
39 


609 


pany and Citi- 
zens’ Pass en- 
ger Railway 
Company. Ap- 
proved Nov. 
24, 1878. Sec- 
tion 1. 


Tite Section ye 


Id., Section 8. 


Id., Section 4. 


610 RAILWAYS (STREET). 


nection with Main Street to Brook Street; and said Rail- 
way Companies may connect the tracks of one with those 
of the other at any point where they intersect, with proper 
curves, to be laid under the supervision of the City En- 
gineer. 

Id., Section 5., 95, This ordinance is a continuance and modification of 
the contracts heretofore existing between said City and 
said Railway Companies. And said Railway Companies 
shall not have the benefits of the first Section hereof un- 
less they, within three months after the passage of this 
ordinance, pay the sums due for back licenses, and within 
ninety days after the passage of this ordinance make or 
cause to be made the street repairs therein required; nor 
shall they have any of the rights conferred in the other 
Sections of this ordinance unless they or their assigns 
shall, within one month from the passage of this ordinance, 
execute bond with good security, to be approved by the 
Mayor, conditioned for the faithful performance of all 
things required of them, or either of them, as set out in 
said last-named Sections of this ordinance. 


Id., Section 6. 96. Said Railway Companies shall charge but one fare 
for each passenger between Portland and Brook Street, 
and but one fare on Preston and East Main Street. 


Anordinance 97, The right, so far as said City has the power to grant 
Ee ae ee the same, is hereby granted to the Citizens’ Passenger 
ner adie Railway Company to extend its tracks on Main Street, 
Railway Com- from Thirteenth to Fifteenth Street, and through and 
prone ye P2 along Fifteenth Street to Portland Avenue, with the 
pede See- necessary curves connecting the track on Main Street and 

Rowan Street and Portland Avenue with the track on 
Fifteenth Street, upon this express condition, however, 
to-wit: that the said Citizens’ Passenger Railway Com- 
pany shall, within ninety days after constructing said 
railways on Main and Fifteenth streets, take up its tracks, 
rails, efc., and discontinue forever the use or right to use 
or operate a track or tracks on Thirteenth Street, from 
Main to Rowan Street, and on Rowan Street, from Thir- 


teenth to Fifteenth Street. 


a oo a a a? ae —" 


RAILWAYS (STREET). 


98. The Louisville City Railway Company is hereby 
eranted, so far as The City has the power to grant the 
same, the right to use and operate the said tracks of the 
Citizens’ Passenger Railway Company on Main Street, 
from Twelfth to Fifteenth Street, and on Fifteenth Street, 
from Main Street to Portland Avenue; upon these express 
conditions, however—to wit: that the said Louisville City 
Railway Company shall, within ninety days after the com- 
pletion of said tracks on said Main and Fifteenth streets, 
take up its track, rails, e¢c., and discontinue forever the 
right to use or operate a track or tracks on Portland Ave- 
nue, from Fifteenth Street to the east side of Thirteenth 
Street. It is further provided that the said Louisville 
City Railway Company pay or tender annually in ad- 
vance, for the privilege of using said tracks on Main 
Street (from Twelfth to Fifteenth) and Fifteenth Street 
(from Main to Portland Avenue), to the Citizens’ Passen- 
ger Railway Company, six per cent. of the cost of said 
tracks on Main and Fifteenth streets. And it is further 
provided that the said Louisville City Railway Company 
shall pay or tender to pay said Citizens’ Passenger Rail- 
way Company one half the reasonable expenses which the 
last-named Company may incur in keeping in repair or re- 
moving or rebuilding said tracks on Main Street (from 
Twelfth to Fifteenth) or Fifteenth Street (from Main Street 
to Portland Avenue), or any part thereof, within ten days 
after notice that said expenses have been incurred. 


99. Should the said Citizens’ Passenger Railway Com- 
pany fail to put in repair any part or parts of said tracks 
on Main or Fifteenth Street within three days after notice 
by the said Louisville City Railway Company that said 
repairs are needed, then the Louisville City Railway Com- 
pany may make or cause to be made such repairs, and 
deduct one half the eost of the same from the first annual 
payment due to said Citizens’ Passenger Railway Com- 
pany, with interest at the rate of ten per cent. per annwm 
from the date of said expenditures. 


100. If and so longas the said Louisville City, Railway 


611 


Id., Section 2. 


Id., Seetion 3. 


Id., Section 4. 


612 


Id., Section 5. 


RAILWAYS (STREET). 


Company accept and comply with the conditions men- 
tioned in the second Section of this ordinance, the said 
Citizens’ Passenger Railway Company shall give to the 
said Louisville City Railway Company as full and free use 
as it may itself enjoy of its tracks on Main Street, from 
Twelfth Street to Fifteenth Street, and on Fifteenth Street, 
from Main Street to Portland Avenue, for the purpose of 
operating its present railways. When the interests of the 
Louisville City Railway Company demand the extension 
of the railway westwardly on Main Street, from Fifteenth 
Street to the City limits, the Citizens’ Passenger Railway 
Company shall build such extension, and grant to the 
Louisville City Railway Company the same right to run 
their cars over the same, and subject to the same condi- 
tions as provided for in the extension on Main and Fif- 
teenth streets ; and should the said Citizens’ Passenger 
Railway Company fail to build said extension on Main 
Street westwardly from Fifteenth Street to the City limits, 
upon request or notice from the Louisville City Railway 
Company so to do, then the said Louisville City Railway 
Company, after having given said Citizens’ Passenger Rail- 
way Company six months’ notice of their intention so to 
do, may have and are hereby given, so far as The City has 
the power to grant the same, the right to make such ex- 
tension, and give the Citizens’ Passenger Railway Com- 
pany the right to run it upon like terms with those speci- 
fied herein in regard to the use by the City Railway Com- 
pany of the tracks of the Citizens’ Passenger Railway Com- 
pany on Main and Fifteenth streets. 


101. The extensions of the railway tracks herein allowed 
shall all be made under the supervision of the City Engi- 
neer, and subject to removal at any time on two days’ notice 
from the Mayor, whenever the General Council shall order 
or require the improvement of any of the public ways, by 
original construction or reconstruction, or for the purpose 
of laying gas- or water-pipes, sewers, efc.—the removal to 
be by the said Citizens’ Passenger Railway Company at 
its own cost. 


RAILWAYS (STREET). 


102. The terms of this ordinance and its duration are to 
be the same as those defined and set out in the contract 
between The City of Louisville and the Citizens’ Passen- 
ger Railway Company, of date, December 80, 1865, as fully 
as if this ordinance were a part of said contract. 


103. The act approved January 22, 1866, entitled ‘“‘An 
act to incorporate the Citizens’ Passenger Railway Com- 
pany of Louisville,’’ is so amended as to allow, authorize, 
and empower said Company to sell, dispose of, and con- 
vey all and singular its franchises, rights, privileges, and 
property of every nature and kind, both real and per- 
sonal; and the sale, transfer, and conveyance made by 
the said Citizens’ Passenger Railway Company of Louis- 
ville to the Louisville City Railway Company on the first 
day of June, 1872, is hereby confirmed. 

104. J. L. Danforth, G. H. Cochran, R. H. Woolfolk, 
H. A. Dumesnil, John M. Robinson, M. M. Green, and 
J. M. Armstrong, and their successors, are hereby created 
a body corporate and politic by the name of the ‘‘ Central 
Passenger Railway Company,” for and during the term 
of thirty years, with all the powers and authority inci- 
dent to corporations, for purposes hereinafter mentioned. 


105. This corporation is hereby authorized and empow- 
ered to construct, maintain, and operate a single- or 
double-track railroad, with all necessary and convenient 
tracks for turn-outs, side-tracks, and appendages, in The 
City of Louisville, commencing at the intersection of 
Water and Second streets, and running south over and 


along Second Street to Main Street, thence west on Main 


to Fourth Street, thence south over and along Fourth 
Street to Oak Street, and over and along Seventh Street, 
from Main Street to the southern limits of The City ; also 
on Walnut Street, from the eastern to the western limits 
of The City, with such further extensions on the same or 
other streets in The City of Louisville as the General 
Council of said City may authorize said corporation so to 
do, in such manner and upon such terms and conditions, 
and with such rights and privileges as the General Coun- 


613 


Id., Section 6, 


An act to 
amend the 
charter of the 
Citizens’ Pas- 
senger Railway 
Company of 
Louisville. 
Approv’d Mar. 


3, 18738. 


An act to 
incorporate the 
Central Pas- 
senger Railway 
Company of 
Louisville. 
Approved Dec. 
20, 1865. Sec- 
tion 1. 


Id., Section 2. 


614 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


RAILWAYS (STREET). 


cil may by contract or otherwise with said corporation or 
any of them prescribe. 


106. The capital stock of the Central Passenger Rail- 
road Company shall be fifty thousand dollars, and may 
be increased from time to time, at the pleasure of said 
corporation, It shall be divided into shares of one hun- 
dred dollars each, and be issued and transferred in such 
manner and upon such conditions as the board of directors 
of said corporation may direct. 


107. The affairs of said corporation shall be managed. 
by five directors, one of whdm shall be president, all of 
whom shall be stockholders. | The first board of directors 
shall consist of J...L5 Danforth, Gad. Cochran ahi. 
Woolfolk, H. A. Dumesnil, and J. M. Armstrong, who 
shall continue in office until their successors are elected 
by a majority of those in interest of the stockholders of 
said corporation: and the board of directors chosen by 
the stuckholders shall continue in office for one year, or. 
until their successors are elected and qualified. If any of 
the above directors decline or refuse to act, a majority of 
the others shall fill the vacancy by appointing or choos- 
ing some one else; they may adopt such by-laws, rules, 
and regulations for the government of the said corpora- 
tion and the management of its affairs and business as 
they may deem proper, not inconsistent with the laws of 
the State; the said corporation, or any of them, may open 
books of subscription and receive subscription to the capi- 
tal ‘stock of the Central Passenger Railway Company, 
herein incorporated ; and such books of subscription may 
be opened and subscriptions received at such times and 
places, and upon such notices thereof, as any three of said 
corporation may deem right and proper. 


108. When the number of two hundred and fifty shares 
of the capital stock of said corporation shall have been 
subscribed, and twenty per cent. of said subscriptions paid 
in, the corporators, or any of them, shall give notice of 
the time at which an election shall be held for a new board 


RAILWAYS (STREET). 615 


of directors, who shall continue in office as provided here- 
in. The board of directors may fill all vacancies in their 
body which may happen by death, resignation, or other- 
wise, and may make such calls of payment of stock as 
they may deem proper, not to exceed twenty per cent., for 
every thirty days. 

109. The said corporation is further authorized to ex- 17., Section 6. 
tend such railways as they may be authorized to construct 
under this act to any point or points, not exceeding five 
miles from the limits of The City of Louisville, and to en- 
able said corporation to construct any railway authorized 
by this act, the said corporation is invested with the right 
to acquire such land or right of way, by writ of ad quod 
damnum, in the same manner that turnpike-road compa- 
nies are authorized by Chapter 103 of the Revised Statutes 
of Kentucky, as may be necessary for the laying the 
tracks, side-tracks, turn-outs, for car-sheds and stables. 
The said corporation is authorized and empowered to ac- 
quire and hold and convey real estate, exclusive of the 
tracks and rights of way, not to exceed twenty-five thou- 
sand dollars. The said corporation may borrow money, 
not to exceed the capital stock of the Company, and issue 
bonds in sums of one hundred, five hundred, and one 
thousand dollars, and may pledge and mortgage the pro- 
perty of the corporation, including the railway tracks, 
fixtures, rolling-stock, and all the appurtenances and real 
estate belonging to said corporation. 


110. The cars to be used upon said railroad shall be ope- 17., section 7. 
rated with animal-power. The rate of speed, frequency 
of the trips, and price of fare shall be regulated by the 
General Council of Louisville. The privileges granted 
under this charter shall cease and be void upon a failure 
of said corporation to organize and commence the work 
within one year next after the passage of this act; and 
provided, that the Central Passenger Railroad Company, 
hereby incorporated, shall assume to perform and severally 
the stipulations, and become responsible for all the obli- 
gations embraced in a contract by and between The City 


616 


RAILWAYS (STREET). 


Ani aes tO 
amend an act 
entitled An act 
to incorporate 
the Central 
Passenger Rail- 
way Company 
of The City of 
Louisville. Ap- 
proved March 
PANE RoW Wes) 268 ol be 


Id., Section 2. 


Id., Section 3. 


An act to 
amend an act 
entitled An act 
to incorporate 
the Central 
Passenger Rail- 
road Company 
of The City of 
Louis ville: 
Approved 
Mar. 13, 1876. 
Sec. 1. 


Id., Section 2. 


of Louisville and H. A. Dumesnil and his associates, for 
the construction of a street-passenger railroad on Fourth 
Street in said City, and this corporation is hereby author- 
ized to assume the liabilities incurred by the said Dumes- 
nil and his associates. This act to take effect from its 
passage. 


111. The Central Passenger Railroad Company of Louis- 
ville is hereby empowered to acquire, to hold and convey 
real estate, exclusive of tracks and rights of way, not to 
exceed in cost one hundred thousand dollars. 


112. It shall be lawful for said corporation to lease, in 
whole or in part, its road, property, and franchises, with 
the consent of the General Council, to any person or per- 
sons, corporation or corporations, and may, by lease or 
other contract, acquire the right to use the road or roads, 
property and franchises of any similar corporation in The 
City of Louisville or County of Jefferson. 


113. It shall be lawful for The City of Louisville, a ma- 
jority of the General Council concurring therein, and the 
Central Passenger Railroad Company of Louisville, to 
change, alter, or amend any contract or agreement here- 
tofore made in relation to the motive-power to be used in 
propelling the cars upon its tracks and in relation to 
opening or keeping streets in repair, and the motive- 
power used under the contract thus changed or amended 
may also be used by said corporation on any road ac- 
quired by lease or otherwise beyond the limits of The City 
of Louisville. 


114. The Central Passenger Railroad Company is hereby 
empowered to subscribe to the capital stock of any com- 
pany whose object is such that it will draw travel on their 
lines—as skating-rinks, base-ball, gardens of various 
kinds, efc.; also of any building association which shall 
have for its object the owning of real estate and building 
houses within the limits of Jefferson County, Kentucky. 

115. Subscriptions shall be made by the president on 
authority of a resolution of the stockholders, approved 
by the board of directors. 


RAILWAYS (STREET). 


617 


116. The amount invested in said companies or associa- 
tions shall not exceed at any one time thirty thousand 
dollars. 


117. It shall be lawful for said Railroad Company to 
lease or sell, in whole or in part, its property and fran- 
chises to any person or persons, corporation or corpora- 
tions, and by purchase or lease, or other contract, acquire 
the right to hold and use the road or roads, the property 
and franchises of any similar corporation in The City of 
Louisville or County of Jefferson. 


118. Whereas the Central Passenger Railroad Company 
has built and operates lines of railroads in the County of 
Jefferson and City of Louisville, which are now being ope- 
rated for the accommodation of passenger travel only; 
therefore, for the further convenience of the public, the 
Central Passenger Railroad Company is hereby authorized 
and empowered to carry freight and parcels, by horse- 


power, over its different lines, and charge a reasonable © 


compensation for same: Provided, that hereafter, should 
the City Council of Louisville desire to regulate the rate 
and character of freight and running of the cars over said 
road, it may do so: And provided, said road shall not be 
compelled to carry freight. 


119. The Central Passenger Railroad Company shall 
have the right to build, construct and operate a line or 
lines of single- or double-track street railway upon such 
street or streets in Louisville as shall be by the General 
Council of said City, by resolution or otherwise, autho- 
rized and consented to. 


120. The right is hereby granted the Central Passenger . 


Railroad Company to operate its cars of all kinds by the 
cable system or electricity, or such other power as may be 
approved by the General Council of The City of Louis- 
ville. 


121. The Central Passenger Railroad Company shall 
have the right to extend, construct, and operate street 
railroads as follows—to wit: On Walnut Street, from 


Id., Section 3. 


Id., Section 4. 
ATL aC tai 
amend an act 


entitled an act 
to incorporate 
the Central 
Passenger Rail- 
road Company. 
Approved 
April 22, 1882. 


An act to 
amend the 
charter of the 
Central Pas- 
senger Rail- 
road Company 
approved Dec. 
20, 1865. Ap- 
proved May 3, 
1884. Sec. 1. 


AUN SAH. 0 TO 
amend the 
charter of the 
Central Pas- 
senger Rail- 
road Company. 
Approved May 
12, 1884. 


An ordinance 
in regard to 
the Central 
Passenger Rail- 


618 


road Company, 
granting ex- 
tension and 
modifying the 
existing con- 
tract between 


the said roa 
and The City 
of Louisville. 


Approved 
Mar. 22. .18717 
Sec. 1. 


RAILWAYS (STREET). 


Kighteenth Street to the City limits; from the junction 
of Garden and Green streets along the Bardstown Pike 
or Baxter Avenue eastward to the said limits, provided 
said extension does not conflict with any rights or fran- 
chises granted by The City or State legislature to any other 
company ; on Fourth Street, from Oak Street to Ormsby 
Avenue, thence on said Avenue to Seventh Street, thence 
on Seventh Street to the City limits (as far as The City 
may now or hereafter own the street)—all the aforesaid 
extensions to be laid with a single track, with necessary 
turn-outs and with the tram-rail: Provided, that said 
Company shall first agree in writing to accept said privi- 
leges, and to build, equip, and use the said extensions on 
the terms, in the manner, and subjeet to all the conditions, 
provisions, and limitations embraced in their already ex- 
isting contract with The City for the Fourth- and Walnut- 
Street roads, and as though the privileges hereby granted 
were embraced in and formed a part of the aforesaid ex- 
isting contract, except that the Company shall be and is 
hereby relieved from so much of said original contract as 
provides that the Company shall bowlder and pave and 
keep in repair the streets and water-ways along their said 
railroad tracks, and that part of said original contract is 
hereby repealed and canceled altogether, both as to the 
original roads and these extensions: Provided further, 
that the said Company shall, by contract in writing with 
The City of Louisville, bind itself to construct the said 
extensions and begin the construction of the same at once, 
and operate them within two years to the following ex- 
tent—to wit: On Walnut Street, from Eighteenth to 
Twentieth streets ; on Fourth Street, from Oak Street to 
Ormsby Avenue, and on said avenue to Seventh Street ; on 
the Bardstown Pike or Baxter Avenue, from the junction 
of Green and Garden streets to the City limits: Provided 
further, that said company shall first execute bond to The 
City, with sureties to be approved by the General Coun- 
cil, binding said Company and sureties to indemnify and 
hold the said City harmless from all costs and damages or 


RAILWAYS (STREET). 


liabilities to which she may be subjected, by suit or other- 
wise, if it should be that The City had no right to confer 
the privileges hereby intended on account of any contract 
to which she may be a party, or for any other cause: Pro- 
vided further, that all these said extensions are to be laid 
and made under the supervision and direction of the City 
Engineer: Provided further, that if said track, in the 
judgment of said Engineer, can not properly cross Bear- 
grass bridge, then said Company binds itself and agrees 
to lay said track on a trestle alongside of said bridge. 


122. Said Company shall bind itself and agree to pay 
into the City treasury the sum of fifty dollars for each car 
operated over its roads on or before the first of May of 
each year; and when said sum is so paid, then, and not 
till then, shall the release from repairs aforesaid be valid 
and binding on said City, and that said release shall be and 
continue for the period of their lease or contract yet un- 
expired. 


123. Said City reserves the right to repeal this ordinance 
whenever it is not complied with by said Company. 


124. Unless the privileges of. this ordinance are, within 
thirty days from its passage, accepted by said Company 
in writing, to be filed with the Mayor of said City, this 
ordinance to be null and void, 


125. A new contract between the parties herein men- 
tioned be drawn in accordance herewith, subject to con- 
firmation by the General Council. 


126. Provided, however, that should any of the streets 
be ordered by the General Council to be improved by be- 
ing graded and paved, then and in that case the said Rail- 
way Company shall lay down their railway tracks, etc., be- 
fore the pavement is laid down, and shall run their cars 
regularly from and within sixty days from the date of 
which said street improvements shall have been received 
by the General Council. 


127. All ordinances or parts of ordinances in conflict 


619 


Id., Section 2 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 
’ 


Id., Section 6. 


Id., Section 7. 


620 


An ordinance 
in regard to 
the Central 
Passenger Rail- 
road Co., grant- 
ing the exten- 
sion of its 
Fourth-Str eet 
line. Approy- 
ed -A pril 10, 
1872, Sec. 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


RAILWAYS (STREET). 


herewith are hereby repealed. This ordinance to be in 
force from and after its passage. 


128. The Central Passenger Railroad Company shall 
have the right to extend its railway along Fourth Street 
as follows: From the intersection of Fourth Street and 
Ormsby Avenue southward and along Fourth Street to 
Magnolia Avenue, thence westwardly on Magnolia Ave- 
nue to Seventh Street: Provided, that said Company shall 
first agree In writing to accept said privileges and to build, 
equip, and use the said extensions on the terms, in the 
manner, and subject to all the conditions, provisions, and 
limitations embraced in their already-existing contract 
with The City of Louisville for the Fourth- and Walnut- 
Street Roads, and as though the privileges hereby granted 
were embraced in and formed a part of the aforesaid ex- 
isting contract: Provided further, that said extension is 
to be laid and made under the supervision and direction 
of the City Engineer. 


129. Unless the privileges of this ordinance are, within 
thirty days from its passage, accepted by said Company 
in writing, to be filed with the Mayor of said City, this 
ordinance to be null and void. 


180. Said City reserves the right to repeal this ordi- 
nance whenever it is not complied with by said Company. 


131. It is provided that said Central Passenger Railway 
Company shall allow the Louisville City Railway Com- 
pany to have the joint use of so much of said track as is 
situated between Sixth and Seventh streets, upon condi- 
tion that said Louisville City Railway Company shall pay 
to the Central Passenger Railway Company one half of 
the cost of constructing and keeping in repair said track 
between said Sixth and Seventh streets ; and if said Cen- 
tral Passenger Railway Company shall elect, as they have 
promised to do, to take up its tracks in said Magnolia Ave- 
nue, from Fourth to Sixth Street, then the said Louisville 
City Railway Company shall pay to said Central Passen- 
ger Railway Company the remaining one half of the cost 


RAILWAYS (STREET). 


_ ——— —_ —— _ 


of constructing and repairing said tracks and road between 
Sixth and Seventh streets; and if it fail or refuse to make 
payment and repairs as herein provided, and in every re- 
spect operate said track between Sixth and Seventh streets 
subject to all the requirements of its contracts with The 
City of Louisville for operating its other routes, and to 
do all things by said contract required of it, then this 
grant shall be forfeited. 


132. Whereas a majority of the property-owners have 
petitioned for right of way to be granted to the Central 
Passenger Railroad Company to construct a railway on 
Fourth Street, from Magnolia Avenue to the City limits: 
The Central Passenger Railroad Company shall have the 
right to build a street railroad on Fourth Street, extend- 
ing as far as said street may be in the City limits, com- 
mencing at the terminus of their present railroad route at 
Fourth and Magnolia Avenue, thence on and along Fourth 
Street to the City limits: Provided, said Company shall 
first agree in accepting said privilege not to charge over 
five cents fare, and when The City orders said street to be 
graded and paved, to build, equip, and use the said rail- 
road route on the terms, inthe manner, and subject to con- 
ditions, provisions, and limitations embraced in their 
already existing contract with The City of Louisville for 
the Fourth- and Walnut-Street routes : Provided, further, 
that the said railroad is to be laid and made under the su- 
pervision and direction of the City Engineer. 


133. Unless the privileges of this ordinance are, within 
sixty days from its passage, accepted by said Company in 
writing, to be filed with the Mayor of said City, this ordi- 
nance to be null and void. 


134, Said City reserves the right to repeal this ordinance 
whenever it is not complied with by said Company. 


135. The Central Passenger Railroad Company shall ex- 
tend its lines of railroad southwardly on Fourth Street, 
from Magnolia Street to Lee Street, as required by the con- 
tracts between the Company and The City of Louisville, 


621 


An ordinance 
granting the 
right of way 
to the Central 
Passenger Rail- 
way ou Fourth 
St., from “Mag- 
nolia Ave. to 
the City limits. 
Approved 
April 17, 1875. 
Sec. 1. 


Id., Section 2, 


Id., Section 3. 


An ordinance 
requiring the 
Central Pas- 
senger Rail- 
road Company 
to extend its 


622 


lines south- 
wardly on 
Fourth Street 
from Magnolia 
Street to Lee 
Street. Ap- 
proved Nov. 
30, 1878. Sec- 
tion 1. 


Id., Section 2. 


An ordinance 
in relation to 
the Central 
Passeng’r Rail- 
road Company. 
Approved Oct. 
12, 1880. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


An ordinance 
in relation to 
the Central 
Passeng’r Rail- 
road Company, 
granting the 
extension of 
its lines. Ap- 
proved Jan, 25, 
1884. 


RAILWAYS (STREET). 


by laying its tracks along that portion of Fourth Street, 
and by equipping and operating the same by running cars 
thereon as the Company has laid its tracks and equips and 
operates and runs cars upon that portion of the Company’s 
line on Fourth Street, from Magnolia Street to Main 
Street, under the said contract and ordinances in relation 
thereto. 


136, The said Company shall comply with the provisions 
of this ordinance within thirty days from its approval. 


137. The said Central Passenger Railroad Company be 
and is hereby required to reconstruct and operate their 
road on Walnut Street, from Twenty-first to Twenty-fifth 
or Mercer Street, in the same manner as to motive-power, 
frequency of trips, e¢c., as said Walnut Street is now ope- 
rated from Eighteenth Street to Twenty-first Street ; and 
are required to reconstruct and operate their road on 
Fourth Street in the same manner as to motive-power, 
frequency of trips, eéc., as their road is now operated on 
Fourth Street, from Main Street to present terminus. 


138. In consideration of the above the said City of Louis- 
ville hereby waives and postpones its rights to purchase 
the property now owned by the Central Passenger Rail- 
road Company for the term of fifteen years after the right 
to make the purchase shall accrue under the existing con- 
tract (to wit: twenty-sixth January, 1896), but said City 
shall have the same right to make the purchase after the 
expiration of said fifteen years, as set out in said contract. 


139. If said Central Passenger Railroad Company does 
not reconstruct and operate said track, as required above, 
within sixty days from the approval of this ordinance, 
all the provisions of said ordinance shall be null and void. 


140. In pursuance to a petition of a majority of the 
property-holders and property on the route hereafter de- 
scribed, the Central Passenger Railroad Company shall 
have the right (so far as The City has the power to grant 
the same) to extend its street-railroad tracks from the in- 
tersection of Nineteenth and Walnut streets, along Nine- 


—————— CC er 


RAILWAYS (STREET). 


623 


teenth to Bank Street, thence along Bank Street to Thirty- 
third Street, thence along Thirty-third Street to High 
Avenue, thence along High Avenue to Thirty-fifth Street, 
thence along Thirty-fifth Street to Water Street (or Port- 
land wharf), thence along Water Street (or Portland 
wharf) to a point near the ferry-landing: Provided said 
Company will first agree in writing to accept said privi- 
leges, and to build, equip, and use the said extensions on 
the terms, in the manner, and subject to all the condi- 
tions, provisions, and limitations embraced in their al- 
ready-existing contract with The City of Louisville for 
the Fourth- and Walnut-Street roads, and as though the 
privileges hereby granted were embraced in and formed a 
part of the aforesaid existing contract: And provided fur- 
ther, that said Railroad Company shall first execute bond 
to The City, with surety to be approved by the Mayor, 
binding said Company and sureties to indemnify and hold 
The City harmless from all costs and damages or Habili- 
ties to which she may be subject by suit or otherwise, if it 
should be that The City has no right to confer the privi- 
leges hereby intended, on account of any contract to 
which she may be a party, or for any other cause: Pro- 
vided also, that said extension is to be laid and made under 
the supervision and direction of the City Engineer, and 
to be commenced within six months and completed in 
eighteen months after the passage of this ordinance, un- 
less delayed by legal interference. 


141. All grants made heretofore to any street-railroad 
company over route herein mentioned, or any part of 
same that is not now used and operated over as a street 
railroad, are hereby repealed. 


142. The construction and operation of a line of street 
railway is hereby authorized and permitted under Section 
15 of the City charter of 1870, on the terms and conditions 
hereinafter stated, to the Kentucky Street Railway Com- 
pany, granted in accordance with the written consent of a 
majority of owners of property fronting or binding on the 
said line of street railway, beginning at or near the inter- 


An ordinance 
to authorize 
the building 
and operation 
Of-a line of 
street railway , 
beginning at 
Main St. and 
extending on 
and along Fifth 
St. to Chestnut 


e 


624 


RAILWAYS (STREET). 


St.; thence east- 
wardly on and 
along Chestnut 
St.to Brook St.; 
thence south- 
wardly on and 
along Brook St. 
to Oak Street; 
thence west- 
wardly on and 
along Oak St. 
to Fourth Ave., 
by the Ken- 
tucky Street 
Railway Com- 
pany, upon cer- 
tain conditions 
andterms. Ap- 
proved July 6, 
1883. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


section of Main and Fifth Streets, and extending on and 
along Fifth Street to Chestnut Street ; thence eastwardly 
on and along Chestnut Street to Brook Street; thence 
southwardly on and along Brook Street to Oak Street ; 
thence westwardly on and along Oak Street to Fourth 
Avenue. 


143. This ordinance shall not take effect until public no- 
tice of the intention to make the grant shall have been given 
by publication for ten days in one or more of the princi- 
pal daily newspapers of The City, inviting proposals there- 
for by the Mayor of said City, the said Railway Company 
paying the cost of said publication ; nor unless said Ken- 
tucky Street Railway Company bids the lowest rate of fare 
for carrying passengers, and give good security to comply 
with the terms of said grant and ordinances ot The City 
not in conflict therewith. 


144. Nor shall this grant become effectual except upon 
the condition that passengers traveling on said line are to 
be allowed to transfer on to or from a line on Walnut 
Street on cars coming from or going east or west on Wal- 
nut Street without additional charge; and the tracks of 
the two lines may be united and connected on Walnut 
Street; that said line of railway on Brook Street shall be 
completed as far south as Oak Street, and thence along 
and on Oak Street to Fourth Avenue, and there connect- 
ing with the Fourth-Avenue line, and operated along the 
whole line during the one hundred days of the Southern 
Exposition, unless prevented by legal or plete pro- 
ceedings. 


145. Nor shall said grant become effectual unless and 
except upon the further condition that said Kentucky 
Street Railway Company will not hereafter build, or at- 
tempt to build, any line of street railway within the City 
limits unless authorized thereto by the General Council 
of said City, except the lines named in its charter, and 
said Company shall apply at the next session of the Gen- 
eral Assembly of the Commonwealth to so amend its char- 


RAILWAYS (STREET). 


ter as to require the consent of said General Council to 
build or operate any other line of street railway in said 
City except those named in the original charter. 


146. Said line of railway shall be constructed under the 
supervision of the City Engineer, and operated or remova- 
ble under the provisions of Section 15 of the City charter 
of 1870. 


147. An act entitled ‘‘An act to incorporate the Ken- 
tucky Street Railway Company,”’ approved April 19, 1882, 
be and is hereby amended so that hereafter it shall not be 
lawful for said Railway Company to build any line or 
lines of street railway in the City limits of Louisville un- 
less it be authorized to do so by the General Council of 
said City. 


148. All the lines of single- and double-track railway 
which have been or may hereafter be constructed upon 
the streets named and particularly designated in the origi- 
nal charter of said Company, and also the line on Fifth, 
Chestnut, Brook, and Oak streets, which was built and is 
now being operated by the consent of the General Council 
of The City of Louisville, are declared lawful, and the 
power to so construct and operate said lines is expressly 
conferred. 


149. Said Company shall have the right to build, con- 
struct, and operate a line or lines of single- or double- 
track street railway upon such other street or streets in 
Louisville as shall be by the General Council of said City, 
by resolution or otherwise, authorized and consented to. 


150. Said Company shall have the right to borrow 
money, for the purpose of building, equipping, and main- 
taining all or any of its lines of railway, and execute a 
mortgage upon both its property and franchises for pay- 
ment of same. | 


151. The Crescent Hill Railway Company is hereby 
given, so far as The City has the right to grant the same, 


the right to build, lay down, and operate a street rail- 
40 


625 


Id., Section 5. 


An act to 
amend an act 
entitled An act 
to incorporate 
the Kentucky 
Street Railway 
Company, ap- 
proved April 
19, 1882. Ap- 
proved April 
24, 1884. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


An ordinance 
granting the 
right of way to 
the Crescent 
Hill Railway 
Co., through 
Hamilton Ave. 
and Payne St. 
Approved July 
6, 18838. Sec. 1. 


626 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


RAILWAYS (STREET). 


road, to be run with animal-power, with the necessary 
turn-outs, turn-tables, efc., commencing on Bridge Street, 
one hundred feet southwest of Baxter Avenue, through 
and along Bridge Street and Hamilton Avenue to Payne 
Street, thence eastwardly through Payne Street to the 
City limits. 

152. The said railway tracks herein allowed shall be 
made under the supervision of the City Engineer, and sub- 
ject to removal or obstruction during the construction, re- 
construction, or repair of streets, building of sewers, and 
laying down of gas- and water-pipes, and to be replaced 
at the cost of said Railway Company without claim for 
damages for obstruction or removal, and the tracks are 
to be made to conform to the grade of the street. 


153. The permission herein granted shall continue for 
twenty years from the date of the approval of the ordi- 
nance, provided the same is not sooner terminated or for- 
feited, as hereinafter provided. 


154, This ordinance shall not take effect, but shall be 
null and void, unless said Railway Company shall, within 
three months from the approval thereof, execute and de- 
liver to The City of Louisville, covenant, with good se- 
curity, to be approved by the General Council, condi- 
tional for the full and faithful performance of this ordi- 
nance, and the payment of all license legally imposed and 
the taxes lawfully assessed and levied. 


155. The said Railway Company shall be governed by 
the same contracts as now exist between The City of Louis- 
ville and the Central Passenger Railway Company. 


156. Said Company shall commence work on said rail- 
way in said streets within six months from the approval 
of this ordinance, and shall operate the same to Charlton 
Street within one year from the approval thereof. 


157. The said Railway Company shall pay into the 
Sinking Fund of The City a license at the rate of fifty 
dollars per annum for every passenger car operated or 
run over its tracks during the year; which shall be paid 


RAILWAYS (STREET). 627 


monthly on the average number of cars run fifteen hours 
each day forsaid month ; but no charge is to be made for 
cars of other parties that are operated over said line ; pro- 
vided said cars have paid their license to The City of 
Louisville. 


158. This ordinance repeals the ordinance granting per- Id., Section 8. 
mission to the Crescent Hill Railway Company to lay 
track along Hamilton Avenue and Payne Street, which 
passed April 19, 1883.1 


fas=See CoRPORATE PowERS—ENGINEER—FINES AND MISDEMEANORS— 
GENERAL CounciL—PuBLic Ways—RAILROADS (STEAM). 


1In a technical sense, a street railway is not arailroad.—Lou. § Port. R. R. 
Co. v. Lou. City Rw’y Co., 2 Duv., 175. A city has no right to authorize the con- 
struction of street railways without some legislative enactment vesting the mu- 
nicipal authorities with such power.—Covington Street Railway Company v. 
City of Covington, 9 Bush, 127. The city of Covington was authorized and 
had the right to exact a bonus from the Covington Street Railway Company 
of two hundred and fifty dollars per annum for the privilege of using its 
streets for railway purposes, and the obligation of the company to pay such 
bonus was enforced.—Covington Street Railway Company v. City of Covington, 
9 Bush, 127. A carrier of passengers for hire is required to use the utmost 
care and skill which prudent men are accustomed to use under like circum- 
stances, and no more; therefore it was error to instruct the jury that the de- 
fendant, a street railway company, “was bound, as far as human foresight 
and care would enable it, to carry the plaintiff with safety”; such an instruc- 
tion prescribed the utmost care and largest foresight of the most skillful 
human being.—Lou. City Railway Co. v. Weams, decided by the Court of Ap-. 
peals Oct. 5, 1882, unreported. The City of Louisville can require the tram-. 
rail to be substituted for the crescent-rail, used in the street railway tracks 
constructed by the Louisville City Railway Company, under a contract w ith 
The City for the right of way, etc., in which it was stipulated that the most, 
approved rail should be used. The law, under which the contract was made : 
reserved to the City Council the right to regulate and control such railway 8. 
as it may authorize to be laid down and operated in the streets and highw ays 
of The City; all the streets were bowldered or macadamized when the rail- 
way tracks were constructed with the crescent-rail; The City having inaug-. 
urated a system of street improvements, by which ‘he Nicholson. was being 
gradually substituted for the stone pavements, required the railway company 
to take up the crescent-rail and put down the tram as the construction of the 
Nicholson pavement progressed, it being agreed that the tram- rail was better | 
for streets when the Nicholson pavement was used ; and the Court t of Appeals 
held that The City hadthe right to require the railway compan y to substitute 
the tram- for the crescent-rail, at the cost of the railway company, as the con= 


: 


628 


RAILWAYS (STREET). 


struction of the Nicholson pavement progressed.—Lowisville City Railway 
Oo. v. City of Louisville, 8 Bush, 415. And, in construing the contract be- 
tween The City and the railway company, the court said that a municipal cor- 
poration had no power to limit its legislative discretion by covenant. The City 
of Louisville can not refuse to exercise its power to regulate and control 
its streets and highways when public necessity or convenience demands that 
it shall be done, nor can The City be allowed to excuse its failure in this par- 
ticular, upon the ground that it has by contract deprived itself of the right 
to act.—Ib. 


The unreported opinion in the case of the Lowisville City Railway Co. v. 
City of Louisville, Court of Appeals, Dec. 5, 1871, is as follows: 

“The first paragraph of the first Section of the contract between The City 
of Louisville and the Louisville City Railway Company, after reciting that 
The City consents and agrees that the Railway Company shall construct and 
operate a railroad or railroads on, over, and along certain portions of Main, 
Jefferson, Broadway, Sixth, Twelfth, and Preston streets, concludes by pro- 
viding that the ‘said Railway Company shall have the right to connect any 
of said railways the one with the other.’ The second paragraph of this Sec- 
tion authorizes the Railway Company, in case the consent of the First- and 
Second-Street Horse Railroad Company can be secured, to ‘lay down, under 
the provisions of this agreement, a line of road from the corner of Fourth 
and Main streets, out Fourth to Jefferson, up Jefferson to Second, out Sec- 
ond to Breckinridge.’ The necessary consent of the Horse Railroad Com- 
pany was secured, and this line of road has been constructed. The Com- 
pany claims the right to connect their Fourth-Street road with their road 
along Jefferson Street, by putting down a curve at the corner of Fourth and 
Jefferson, enabling them to transfer their cars from one road to the other by 
turning down Jefferson. The City insists that whilst the Company has the 
right of way up Jefferson from Fourth, it has not such right to connect the 
Fourth-Street road with the Jefferson-Street road in this manner, and upon 
the petition of The City the Chancellor perpetually enjoined the Company 
from putting in the curve and making the proposed connection. The lan- 
guage of the contract is that the Company ‘shall have the right to connect 
any of said railways the one with the other.” This language clearly limits 
the right of making connection to the railways named in the preceding por- 
tion of the agreement, and naturally excludes the idea that any other toad, 
the continu: ition of which may be authorized by a subsequent portion of the 


contract, shall be embraced thereby. Nor does the fact that the Fourth- 


Street road was to be constructed under the provisions of the agreement 
iecessarily give the Company the right to connect it with the roads named 
in the first paragraph. The provisions of the agreement as to the manner in 
which the various roads should be put down followed the grant of the right 
of Ww ay, and the right to connect certain specified roads cam not be regarded 
as “one ‘of the} “provisions of the agreement as to the putting down of the roads. 
Nor can a be. conceded that the right of the Company to connect certain 
roads, the. one with the other, gave them, independent of the express grant 
of ‘the right. ‘of way along Fourth, from Main to Jefferson Street, the right 
to, ‘build: a, road: along that street to connect the Main-Street and Jefferson- 
Sti eat roads. “Three of the six roads they were authorized by the first para- 


graph t to construct run along streets parallel with the Ohio River; the re- 
} es ,7yaTsqaoy 


RAILWAYS (STREET). 


maining three run along streets perpendicular to the river, and the natural 
and legitimate inference from the language of the contract, considered in 
connection with these facts, is that the connections should be made at the 
crossings of the various roads. Otherwise the Company might, under the 
pretext of connecting their roads, lay down their track over an indefinite 
number of the streets embraced within the limits of the territory around 
which they were authorized to put down their roads. The judgment of the 
Chancellor perpetuating the injunction is affirmed.” 


629 


The charter 
actof March 
3, 1870. Sec- 
tion 28. 


An act to 
amend an act 
establishing a 
new charter 
for The City of 
Louisville, a p- 
proved March 
38,1870. Ap- 
proved March 
38,1871. Sec. 3. 


CHAP TEE XO Xe 


RECEIVER OF TAXES. 


CONTENTS: 


1. Failure of a Receiver to square 
accounts of previous collections a 
cause of ineligibility. 

2. Conyersion of public moneys 
and other valuables made a felony. 


3. To settle his accounts with the 
finance committee of the General 
Council; guietus. 

4, Duty in regard to publishing 
notices of taxes; nature of the notice. 

5. He shall receive only bankable 
funds at par value; pay over to the 
Treasurer every other day; statement 
and affidavit; receipt. 


6. Entries of collections; how kept 
and subject to inspection. 


7. Unpaid tax-bills. 

8. Salary. 

9. Vacancy in the office. 

10. Finalsettlement with The City. 

11. Erroneous tax-bills in the Re- 
ceiver’s hands; Assessor not to cor- 
rect save according to prescribed 
form. 

12. The Mayor and finance com- 


mittee to regulate and supervise cre- 
dits and corrections on such bills. 


1. No Receiver of Taxes, after the first election under 
this charter, shall be eligible to any office unless he has ac- 
counted with said City for all previous collections and ob- 
tained a guwietus. 

2. Said Receiver shall not use, or in any way convert, 
any money or other thing of value belonging to The City 
to his own use or that of others ; if he do, he and his sure- 
ties shall pay the same with interest, and he shall be guilty 
of felony, and upon conviction shall be confined in the 
penitentiary not less than five nor more than twenty years. 


3. The Receiver of Taxes of The City of Louisville is 
hereafter required to settle his accounts with the finance 
committee of the General Council and obtain his guietus 
therefrom on or before the fifteenth day of March of each 


RECEIVER OF TAXES. 


year, for the taxes for which bills had been placed in his 
hand for collection for the preceding year ; and if a qz- 
etus therefor is not held by said Receiver on said day, the 
Board of Aldermen shall by resolution declare vacant the 
office of said Receiver, which shall be filled by an election 
by the General Council, in the month of March, in joint 
session, by a viva voce vote, for the unexpired term. 


4. Until otherwise ordered, it shall be the duty of the 
Receiver of City Taxes, at his own cost, to give notice by 
publication in at least two of the daily City newspapers, 
one of which shall be a German paper, of the time at which 
the taxes are due and the place where the same will be re- 
ceived ; also such discount, if any, as may be allowed for 
advance payments, and the rate of increase of interest 
added by law to such bills as are not paid when due. 


9. Said Receiver shall not receive for taxes anything but 
bankable funds at par value, and it is made his duty to 
pay over to the City Treasurer every other day (Sundays 
excepted) all moneys collected by him as taxes, and at the 
same time furnish said Treasurer with a statement thereof, 
showing for what kind of taxes the same has been col- 
lected, of whom, and when collected, all of which shall 
be verified by the affidavit of the Receiver of City Taxes 
annexed thereto, which affidavit shall contain the further 
statement that in said payment, with his former pay- 
ments, is included all the taxes collected by him to that 
time ; whereupon said Treasurer shall give him a receipt 
for the amount then paid. 


6. Entries of such collections shall also be made at once 
and kept by the Receiver in appropriate record-books, to 
be furnished by and to be the property of said City ; 
which books, as well as the statement of collections fur- 
nished as aforesaid by the Receiver to the Treasurer, shall 
at all times be subject to the inspection of the Mayor and 
finance committee of either Board of the General Council. 


7. Nor shall the said Receiver, in any settlement he 
may make with The City, be allowed any credit for any 


631 


An ordinance 
to regulate the 
office of Re- 
ceiver of City 
Taxes, and fix- 
ing his com- 
pensation. Ap- 
proved Feb. 21, 
1880. ~SecaI. 


Ta., Section 2. 


632 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


An ordinance 
to regulate the 
making of 
credits upon 
erroneous tax- 
bills in the 
hands of the 
Receiver of 
Taxes or agent 
for the collec- 
tion of back 
taxes. Ap- 
proved May 7, 
18838. Sec. 1. 


[d., Section 2. 


RECEIVER OF TAXES. 


unpaid tax-bills, unless he shall make affidavit that the 
same has not been collected, and that he has used all the 
means provided by law for enforcing the payment thereof, 
and that the same could not be collected. 


8. The salary of the Receiver of City Taxes, including 
the receiving of railroad and all other taxes assessed and 
and levied by the General Council, shall be as follows— 
to wit: One half of one per cent. on the first million dol- 
lars collected and paid by him.as provided by law, and 
one per cent. on the balance collected and paid in like 
manner by him, and on such tax-bills as may be collected 
by suit three per cent. on the amount so collected and 
paid as provided by law. Said salary shall be payable in 
monthly installments out of the City treasury, upon the 
proper pay-roll. 


9. Should the office of Receiver of City Taxes become 
vacated from any cause, all tax-bills, moneys, books and 
papers in his custody pertaining to said office shall at once 
be delivered to the City Treasurer and City Assessor. 


10. The said Receiver shall make a final settlement with 
The City for the tax-bulls for the preceding year which 
had been listed with him on or before the fifteenth day of 
March of each year while in office, and at the expiration 
of his term, within ten days after the qualification of his 
successor. In the event of his failing to hold a guiéetus on 
the said fifteenth day of March, while in office, he shall 
be removed as provided by the charter. 


11, The Assessor shall have no power to alter, change, 
or enter any credit upon any tax-bill in the hands of the 
Receiver of City Taxes, or the agent for the collection of 
back taxes, until such proposed change, alteration, or 
credit shall have been submitted to and approved by the 
Mayor and joint committee on finance. 


12. Upon application for a correction of any tax-bill 
after the same is in the hands of such Receiver or Back- 
tax Collector, by credit or otherwise, the City Assessor 
shall submit the same in writing, with his recommenda- 


RECEIVER OF TAXES. 633 


tion, to the Mayor and joint committee on finance, who 
shall cause the same to be entered in a record-book for 
that purpose, to be kept by the Mayor’s clerk, and at 
once transmit a copy of such credit to the City Book- 
keeper and to the Receiver of City Taxes, or agent for 
the collection of back taxes. 


ges See ADVERTISING—ASSESSOR—OFFICES AND OFFICERS—TAXATION. 


A NAA CL.tO 
provide for a 
registration of 
voters in The 
City of Louis- 
ville? Ap - 
proved Apr. 28, 
1884. Sec. 1. 


CHA PTH RR xek. 


REGISTRATION. 


CONTENTS: 


1. Appointing Board; officers of | 


registration; appointment, eligibility, 
politics, term of service, oath, exemp- 
tion from jury-duty. 

2. Notice of appointment; failure 
to appoint; non-attendance and refu- 
sals to act; filling of vacancies. 

3. Police and inquisitory powers 
of officers of registration. 

4. Forms and registration-books. 

5. General Registration; time and 
manner of registering. 

6. Who may register; qualifica- 
tions. 

7. Aliens; naturalization. 

8. Mode of registering; certifica- 
tion and signatures of clerks and 
others. 

9. Return and custody of books. 

10. Special Registration; time and 
manner of conducting. 

11. Distribution of books by the 
County Clerk for special registration ; 
duties of officers; returns. 


12. Removals of voters and re-reg- 
istering of same; certificate. 


18. Striking off names; notice and 
other proceedings. 


14. Use of the registration-books 
at the polls on election day; duties of 
officers; who may vote; provisions for 
unregistered voters; care and custody 
of books. 


15. False 
ment. 


registration; punish- 


16. False registration-books; pun- 
ishment. 

17. Perjury. 

18. Fine and punishment for ob- 
structing registration. 

19. Witnesses in prosecutions and 
indictments under the registration 
act. 


20. Officers’ fees. 


21. Copies of the act for insertion 
in registration-books. 


22. When the act to take effect. 


1. The County Judge of Jefferson County, the Sheriff of 
said County, and the Clerk of the Jefferson County Court 
shall constitute a Board, which shall, between the first and 
fifteenth days of June in each year, appoint four sober and 
discreet citizens in each election precinct of The City of 
Louisville, two to act as judges of registration, one as 
clerk of registration, and one as sheriff of registration, in 
the precincts for which they are appointed. No person 
shall be eligible as judge, clerk or sheriff, who is not a 


REGISTRATION. 


voter in the precinct for which he is appointed, and a 
housekeeper; and when there are two distinct political 
parties, said officers of registration shall be so selected as 
that one of the judges of each precinct shall be of one 
political party, and the other of the opposing political 
party. They shall serve for one year from the time of 
their appointment, and each officer of registration, before 
entering upon the discharge of his duties, shall take the 
oath prescribed by Section 1, Article 8, of the Constitution, 
and shall, during the period of his term of service, be ex- 
cused from jury duty.? 


2. The Sheriff of Jefferson County shall, at least five 
days before the General Registration in each year, as pro- 
vided for in this act, give each officer of registration writ- 
ten notice of hisappointment. Should the Court, Sheriff 
and Clerk fail to appoint, or should all the officers ap- 
pointed fail to attend at the place of registration for one 
hour after. the time for commencing the registration, or re- 
fuse to act, then the Sheriff, Judge or Clerk, or either. of 
them that can be found of the County, shall appoint offi- 
cers to act in their stead for that registration ; but should 
one or two officers be in attendance, he or they may fill 
vacancies for the purpose of conducting that registration, 
and may administer the necessary oaths of office. 


3. Officers of registration shall have the same power to 
preserve order at the places of registration as is exercised 
by officers of elections at the polls. If the officers of reg- 
istration entertain any doubt as to whether or not any 
person offering for registration is entitled to such regis- 
tration, or if any one’s right to register is challenged, 
citizens may be called in, not exceeding three in number, 
who shall be examined touching the qualifications of such 
person or persons who offer to register. 


4. It shall be the duty of the County Clerk of Jefferson 
County to prepare the proper forms, and cause to be 


1Sections of the chapter are numbered the same as those of the original act. 


635 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


636 


Id., Section 5. 


REGISTRATION. 


printed two registration-books for each precinct in The 
City of Louisville, one of which shall be kept in his office, 
to be used as provided in Section 7 of this act, and the 
other furnished to the clerks of registration and election, 
before each registration or election-day, as hereinafter 
provided. Said books shall be so arranged as that the 
names of voters may be registered alphabetically, and 
shall be ruled and headed as follows: 


* OUIB NT 


: LO[OD 


* g0U9pIsoyy 
* SyIBUUOY, 


* UOlpo[H snsny 
-uorooT aT 19q Ud AO NT 
“UOLpo[Y Loquiaoeq 

* sUOIpO TY [vroedg 


3. The officers of registration shall attend at the voting- 
places of their respective precincts on the first Monday in 
July in each year, and on the two next succeeding days, 
from the hours of 6 in the morning until 9 in the evening, 
and shall record in the registration-book, which shall be 
furnished by the Clerk of the County Court to each regis- 
tration-clerk, a list of such qualified voters of the precinct 
asmay apply for registration. If either of said days shall 
fall upon the fourth day of the month, then said fourth 
day shall be omitted as a day of registration, and the reg- 
istration shall proceed on the next succeeding day, as if 
said fourth day had not intervened. Said list of voters 
shall be in alphabetical order, and shall show the name 
of the person registered, the name of the street or alley, 
and number of the house, lodging, or tenement in which 
he lives, and whether he be white or colored ; and if said 
house, lodging, or tenement be not numbered, the loca- 
tion thereof shall be described in the registration-book, 
as accurately as is practicable, giving the street, and be- 
tween what streets. No person shall be registered who 
does not personally appear before the officers of registra- 
tion, and if he be not personally Known to one of the offi- 
cers, or if any bystander shall demand it, he shall be 


REGISTRATION. 


sworn in by one of the officers, and interrogated by him, 
or by such bystander, touching his qualifications, as pro- 
vided in this act. Opposite the name of each person so 
sworn the clerk shall write the word ‘‘Sworn,’’ which en- 
try shall be prima facie evidence of such swearing in any 
prosecution under this act. Said registration in July 
shall be Known as the General Registration, and any per- 
son then registered may vote at all elections until the next 
General Registration, unless he becomes disqualified after 
registration. 


6. Every person shall be entitled to be registered who 
would be entitled to vote at the next succeeding August 
election—that is to say, every male citizen who, on that 
day, shall have attained the age of twenty-one years, and 


shall have resided in the State two years, or in The City. 


one year, and in the precinct in which he offers to regis- 
ter sixty days. No person shall be registered who does 
not personally appear before the officers of registration, 
and if he be not personally known to one of the officers, 
or if any bystander shall demand it, he shall be sworn by 
one of the officers, and interrogated by him, or by such 
bystander, touching his qualifications, as provided in this 
Section. Opposite the name of each person so sworn the 
clerk will write the word ‘‘Sworn,’’ which entry shall be 
prima facie evidence of such swearing in any prosecution 
under this act. 


7. Any alien, possessing all the qualifications of a voter 
named in Section 6 of this act, except citizenship, shall 
be entitled to be registered ; but the clerk shall write op- 
posite to his name, in the column headed ‘‘ Remarks,”’’ 
the words ‘‘ Not naturalized,’’? and such alien will not be 
entitled to vote at any election held under that registra- 
tion, unless he shall produce to the officers of election his 
naturalization papers in due form of law. 


8. In making the registration, the clerk shall act as the 
recording officer, and the judges shall decide all questions 
relating to the qualifications of persons offering to be re- 


637 


Id., Section 6 


Id., Section 7. 


Id., Section 8. 


638 


Id., Section 9. 


Id., Section 10. 


REGISTRATION. 

gistered, except that, in case of a difference of opinion be- | 
tween the judges, the clerk shall have the casting vote. 
It shall be the duty of the clerk to number, consecu- 
tively, the names recorded under each letter of the alpha- 
bet as they are taken down; and, at the close of the 
registration, he shall sign his name as clerk after the last 
name recorded under each letter, as aforesaid, in such 
manner as that no more names can be recorded above his, 
and shall foot up and certify in the back of the registra- 
tion-book the whole number of names recorded at that 
registration, and this certificate shall be signed by all the 
officers of registration before leaving the place of registra- 
tion, and in the presence of bystanders, any two of whom, 
may, if they desire, sign their names as witnesses thereto. 
In addition to the requirements above, the clerk shall sign 
his name as such clerk at the foot of each page. 


9, On the day following the close of the registration, 
the clerk shall deliver the registration-book into the hands 
of the Clerk of the County Court, or one of his deputies, 
and shall take his receipt therefor. It shall be the duty 
of said County Clerk to keep said books safely in his office, 
and not to suffer the same to be taken therefrom, except 
as provided in this act. He shall also cause to be made 
one copy of each registration-book in the blank book re- 
tained by him, as provided in Section 4 of this act, which 
shall be kept in his office, and not be taken therefrom for 
any purpose. In case of loss of any registration-book, a 
copy shall be made by the County Clerk from the copy 
retained in his office, which copy shall be used in regis- 
trations and elections with the same effect as the origi- 


nal. The Clerk shall permit any citizen, at any time, to 


copy any registration-book without fee or charge, and he 
shall also furnish copies at the same rate as provided in 
Section 20 of this act for copying the book kept in his 
office. Copies furnished to citizens under this Section 
shall be paid for in cash by the person ordering them. 


10. On Tuesday next after the first Monday in October, 
1884 (eighteen hundred and eighty-four), and on the same 


REGISTRATION. 


day in every second year thereafter, there shall be a reg- 
istration of those persons whose names were not regis- 
tered at the previous July registration, and who, but for 
this act, would be entitled to vote for electors for Presi- 
dent and Vice-President or for members of congress at the 
ensuing election. On the first Wednesday in November 
in each year there shall be a registration of those persons 
whose names are not already on the registration-books 
for that year, and who, but for this act, would be entitled 
to vote at the ensuing municipal election. When, by vir- 
tue of any further act of the legislature, or of any procla- 
mation or writ of election issued under existing laws, an 
election is ordered for any day other than one of the days 
mentioned in Sections 6 and 10 of this act, at which a vote 
is to be taken in The City cof Louisville, it shall be the 
duty of the Sheriff of Jefferson County to fix a day for 
the registration of those entitled to vote at such election 
whose names are not already on the registration-books for 
that year, and to publish notice of such day as a part of 
his notice of the election; and where, by virtue of the 
City charter or any special law, an election or vote is or- 
dered to be held or taken in The City of Louisville at any 
other time than one of the days aforesaid, then the Coun- 
cil, or other body or person so ordering said election or 
vote, shall, at the same time, fix a day for the registration 
of those persons entitled to vote thereat whose names have 
not been recorded on the registration-books of that year, 
and shall require the same to be published in like manner 
as the time and place of said election or vote are required 
by law to be published. Registrations under this Section 
shall be Known as Special Registration, and any person so 
registered shall be entitled to vote at all elections held 
prior to the next General Registration. Registrations prior 
to special elections shall be held not less than ten days 
prior to the election. 


11. On the day prior to each registration provided for in 
the previous Section, the County Clerk shall deliver to the 
registration clerks the registration-books for their several 


639 


Td., Section 11. 


640 


Td., Section 12. 


Id., Section 18. 


REGISTRATION. 


precincts, and, on the day of such registration, the regis- 
tration-officers shall attend at their several places of re-- 
gistration, and shall register the names of all persons ap- 
pearing before them who may be entitled to vote at the 
election for which the registration is held, and whose 
names are not already on the register for that year. The 
names shall be recorded immediately following the names 
recorded at the previous registration, and the registration 
shall be conducted, and the books returned, as provided 
in Sections 5, 6, 7, 8, and 9 of this act. Immediately after 
the books are so returned, the County Clerk shall cause 
the names recorded at that election to be copied into the 
book retained in his office, as provided in Section 9, of this 
act. 


12. Any person removing from one precinct to another, 
after having been registered for that year, may apply to 
the clerk of registration of the precinct from which he re- 
moves, on a registration day, and have his name canceled 
off by writing opposite to it the word ‘‘ Removed,’’ and 
thereupon said clerk shall give him a certificate in the fol- 
lowing form: 
has removed from the 
precinct, ward, and that his 


This is to certify that 
cinet, —— ward, to the 
registration has been canceled. 

[Signed. ] ——— ——,, Clerk. 


ae Pe 


Upon presenting said certificate to the officers of regis- 
tration of the precinct to which he has removed, he shall 
be entitled to be there registered if he possesses the other 
qualifications named in Section 6 of this act; and no per- 
son so removing, after being registered, shall be registered 
in another precinct without the production of such a cer- 
tificate. 


13. Any voter may, by giving five days’ notice, in writ- 
ing, to any person whose name has been registered, move 
the County Court to strike his name from the register, and 
both parties may introduce witnesses, not exceeding two 
in number, on each side. Said notice must be served per- 
sonally. If, at the hearing, the Court shall be of the opin- 


REGISTRATION. 


ion that the person registered is not lawfully entitled to 
register, it shall direct the Clerk to strike his name from the 
register, by inserting opposite to it the words, ‘‘Stricken 
off by order of the County Court Clerk.’ If the person 
upon whom notice is attempted to be served can not be 
found, the Clerk shall write opposite such name, on the 
registration-book, the word ‘‘ Doubtful,’’? and when, at an 
election, such person, whose name is marked ‘‘ Doubtful,”’ 
shall offer to vote, he shall be sworn, and his right to vote 
investigated fully. 


14. On the Saturday previous to the first Monday in 
August, 1884, and on the juridical day previous to every 
election to be held, or vote of the people to be taken there- 
after in The City of Louisville, the Clerk of the County 
Court shall deliver to the clerks of election the registra- 
tion-books for their several precincts, together with the 
poll-books ; which said registration- and poll-books shall 
be produced by said clerks at their several precincts when 
the polls are opened on the day of election. Atsaid elec- 
tion no vote shall be received, unless the name of the per- 
son offering to vote is on the registry provided in this act ; 
or, unless he produce before the officers of election his 
written affidavit, stating that he was necessarily absent 
from The City; or that he was ill and unable to attend ; 
or that some named member of his family was so ill as to 
require his constant attention, such absence or illness cov- 
ering the period allowed for registration, and stating facts 
showing him to be a qualified voter of the precinct; and, 
also, the facts in reference to his residence required to be 
entered on the register, and shall also prove by the writ- 
ten affidavit of a registered voter of the precinct, who isa 
householder, that he Knows such person to be a qualified 
voter, and stating the facts in reference to such person’s 
place of residence required to be entered on the register. 
Said affidavits shall be returned by the officers of election 
to the County Clerk, indorsed as follows: ‘‘ Filed before 
us this ——— day of ———, eighteen ———, Judges.”’ 
And shall be kept on file by the County Clerk. Any vote 


41 


Id., Section 14. 


642 


Id., Section 15, 


Id., Section 16. 


Id.. Section 17. 


Id., Section 18. 


REGISTRATION. 


received by the officers of election in contravention of this 
act shall be void, and shall be rejected from the count. 
The officers of election shall, when a vote is cast, mark op- 
posite to the name of the person voting, in the column of 
the registration-book provided for that election, the word 
‘* Voted,’ and at the close of the election, and before 
closing or leaving the voting-place, shall mark opposite 
the name of each person who has not voted at that elec- 
tion the words ‘‘ Not voted.’’? The registration-book shall 
be returned to the County Clerk, by the clerk of the elec- 
tion, on the day next succeeding the election. i 


15. Any person who shall cause himself to be registered 
in more than one election precinct, otherwise than is pro- 
vided in Section 12 of this act, or more than once in the 
same precinct, or who shall cause himself to be registered, 
knowing that he is not lawfully entitled to registration ; 
and any person who shall aid or abet in the commission 
of any of said acts, shall be deemed guilty of a misde- 
meanor, and shall be imprisoned in the county jail not 
less than one nor more than twelve months. 


16. Any officer of registration, or other person, who 
shall unlawfully alter any registration-book, or add any 
name thereto, or who shall willfully secrete, suppress, or 
destroy any such book, or who shall make, or aid in mak- 
ing, any false or fraudulent registration-book, shall be 
deemed guilty of felony, and shall be confined in the peni- 
tentiary not less than one nor more than five years; and 
shall forfeit any office he then holds, and shall forever be 


disqualified from holding office. 


17. Any person who shall willfully make any false 
statement, under an oath lawfully administered under 
this act, shall be deemed guilty of perjury, and confined 
in the penitentiary not less than one nor more than five 
years. 

18, Any person who by himself, or in aid of others, 


shall forcibly break up, or attempt to break up, a regis- 
tration held under this act, or shall forcibly prevent, or 


REGISTRATION. 


attempt to prevent, any person from approaching or en- 
tering a place of registration, for the purpose of register- 
ing, shall be fined not less than one hundred nor more 
than five hundred dollars, or imprisoned not less than six 
nor more than twelve months in the county jail, or both. 


19. No witness shall be excused from testifying before 
any grand jury, or in any prosecution or indictment un- 


der this act, on the ground that his testimony may crimi- 


nate himself; but no such testimony shall be used against 
him in any prosecution, except for perjury in giving the 
same. 


20. For his services under this act, the County Clerk 
shall receive the following fees, and no other: For copy- 
ing the registry lists required to be kept in his office or to 
be used in supplying lost books, the sum of two cents for 
each voter whose name is so copied ; for his services under 
Section 13 of this act, the sum of twenty-five cents for the 
name of each voter stricken off the lists; for receipting to 
clerks of registration and election for registration-books, 
the sum of five cents for each book receipted for. The 
Sheriff shall receive for serving the notices provided for 
in Section 2 the sum of sixty cents for each actual service. 
Officers of registration shall receive three dollars per day 
for each day employed in attending at the place of regis- 
tration, but clerks of registration and election shall not 
be entitled to any pay, except upon the production of the 
County Clerk’s receipt for their respective registration- 
books, which receipt shall be the voucher of the officer 
paying them. The City of Louisville shall pay all fees 
and expenses incurred under this act for registration. 


21. A co of this act shall be printed in each reeistra- 
py —p g 
tion-book made under its provisions. 


22. This act shall take effect and be in force from its 
passage. 


Bas” See Courts oF LAw— ELEcTIONS—GENERAL COUNCIL— OFFICES 
AND O¥FFICERS—POLICE. 


643 


Id., Section 19. 


Id., Section 20. 


Id., Section 21. 


Id., Section 22. 


CHAPTER XLL 


SCHOOLS. 


G OUND IN Sse 


1. Election of Trustees; style of 
Board; term of office. 


2. Board to control and manage 
schools and school property; oath of 
office before judicial officer; by-laws; 
majority a quorum; meetings; ap- 
propriations by a majority; records 
open to inspection. 

3. Election and dismissal of teach- 
ers and professors; salaries; course of 
study; examinations; districts; class- 
books; white children over six equal 
rights; sectarian books and teaching 
prohibited; Secretary and Superin- 
tendent elected; duties; salary. 

4, Board to make annual report to 
Council of pupils and property. 

5. Tax of 25 cents for mainten- 
ance in 1870; amount levied credited 
to School Fund on books of City; 
paid to Board semi-weekly School 
Fund; escheats vest in Board by title 
a corporation; manner of recovery ; 
Male High School a college; may 
confer degrees and grant diplomas. 

6. Tax increased to 30 cents; Sec- 
tion 80 of charter amended; subject 
to general election. 

7. Tax .of eight cents, for three 
years, for school-houses. 

8. Income to be annuaHy ascer- 
tained; expense not to exceed esti- 
mate; gifts and devises. 

9, Examination of professors and 
teachers. 

10. No portion of school-property 
or funds to be applied for schools not 
under control of Board. 

11. Vacancies in Board; children 
beyond City limits; tuition fees cred- 
ited by tax. 


12. Colored children not to attend 
schools for white; school-tax kept 
separate.and applied to education of 
colored children. 


13. May borrow $20,000 per month 
for three months and pledge school- 
tax. . 

14. Qualification of Trustees. 

15. Board to judge of qualification 
of members; Secretary to give se- 
curity. 

16. Children beyond City limits. 

17. Council to execute and deliver 
to Board eighty-five $1,000 bonds. 


18. Preamble as to act; issuing 85 
bonds. 


19. Act ofJanuary 17,1870, amend- 
ed; Sinking Fund to pay bonds. 

20. Appropriation for three school- 
houses for colored children, ete. 


21. School Commissioner for Louis- 
ville; elected by Council; duties; 
compensation. 

22. Duty of Commissioner; Audi- 
tor to pay School Fund to Treasurer 
of Board. 

23. City deemed one district; re- 
ports; census of white children; pen- 
alty; local authority. 

24. Repeals general, not local, laws 
conflicting. 


25. President of Board to make re- 
port required of Commissioner; to 
draw for school revenue; responsi- 
bility of Treasurer; no compensation 
for Schoo] Commissioner deducted. 


26. Pay of School Commissioner 
fixed by Council. 


27. General statutes; report to Su- 
perintendent before August 1; duty as 


i 


ce 
to; revenue; pro rata ot white chil- 
dren between six and twenty years of 
age; census or tax-book of current or 
preceding year used. 


28. Article 2, Section 18, General 
Statutes; applied tocities and towns 
reporting as one district. 

29. Commissioner for each county 
and The City of Louisville; qualifi- 
cations; election; duties; compensa- 
tion. 

30. Report’ by Commissioner by 
first of June; duties; census of white 
children between six and twenty 
years, etc. 

31. Duty of Commissioner; Presi- 
dent of Board to report; draw for 
School Fund; Treasurer and secu- 
rities. : 

32. Cities and towns when a dis- 
trict; to report; to take census; local 
authority. 

38. Local laws not affected by act. 

34. Escheated property; how re- 
imbursed. 


35. Uniform system of schools for 
eolored children. 
36. Census of colored children be- 


tween six and sixteen and distribution 
of School Fund. 

37. Unlawful for colored child to 
attend school for white. 

38. Colored school-houses; surplus 
fund; location. 

39. Tax of 8 cents for school-houses; 
how credited and paid. 

40. Levy one year; subject to elec- 
tion. 

41. City constituted School District 
for taxation purposes; not to. apply 
to persons residing out of City. 

42. Vaccination of pupils in all 
schools compulsory. 

43. Health Officer to visit public 
and private schools. 

44. Penalty for violating act. 

45. Escheat to Board of property 
abandoned for eight years. 

46. Recovery by owner; liability 
of Board. 


SCHOOLS. 


645 


47. Act to apply to Louisville only. 


48. Preamble to general act April 
24, 1882. 

49. Additional tax of 2 cents; 
School Fund for white and colored 
united and equalized; ages of colored 
children six to twenty. 


50. Mixed schools prohibited. 


51. Tax of 3 cents to equalize white 
and colored per capita; subject to 
election in August, 1882. 


52. Act to be ratified by election. 

53. University of Louisville; cor- 
porators and powers. 

54. Officers, how appointed; bonds; 
conferring degrees. 


55. Terms of office; vacancies. 


56. Trustees to make annual report 
to Council. 

57. Donations to University held 
in trust; resolutions at Radical 
Church. 

58. Medical Institute to convey 
property to University and cease to 
exist; college building, ete. 

59. Repealing act for benefit of 
Louisville College; proceeds of sale 
of seminary lot. 


60. Professors to continue in office; 
removal. 

61. Academic and medical pupils; 
reciprocal privileges. 

62. Diploma and degree from the 
Law Department a license to practice 
law. 

63. Corporate title of the Board of 
Trustees changed to the ‘ Louisville 
School Board ;” corporate powers. 


64. Quinquennial reports of the 
Board to the Superintendent of Pub- 
lic Instruction. 

65. Other reports; taking of census, 

66. Appointment, duty, and com- 
pensation of census-taker. 

67. Taxation of merchants for 
school purposes. 


68. Effect of act; repealer. 


1. At the first general election for City officers under this 
charter there shall be elected, by the qualified voters in each 
ward of said City, two qualified persons as Trustees of the ton 76. 


The charter, 
act of March 


3, 1870. 


Sec- 


646 


SCHOOLS. 


Id., Section 77. 


Male High School, the Female High School, and the Pub- 
lic Schools of The City of Louisville, and the persons so 
elected shall constitute and be styled the Board of Trus- 
tees of the Male High School, the Female High School, 
and the Public Schools of The City of Louisville ;1 and 
the Board of Trustees first elected under this charter shall, 
within three months after the election, cause the Trustees 
from each ward to be divided by lot into two classes, and 
the members of the first class shall vacate their office at 
the end of one year from the day of their general election ; 
and annually thereafter there shall be elected by the 
qualified voters in each ward one qualified person as 
Trustee of said schools, who shall hold his officé for two 
years, and no longer. ; 


2. The control and management of said schools, and 
the property and funds belonging thereto, and which may 
accrue in any way to them and their establishment, man- 
agement, and maintenance, under the provisions of this 
charter or otherwise, shall be vested in the said Board of 
Trustees, subject to the provisions of thischarter. The 
members of said Board of Trustees shall, before entering 
upon the duties of their office, make oath or affirmation 
before some judicial officer of this commonwealth faith- 
fully to discharge the duties enjoined on them. The said 
Board of Trustees shall have power to make by-laws, not 
in conflict with this charter, for carrying out the duties 
of their office, and to determine their own rules of pro- 
ceeding ;? but a majority of the whole Board shall be 


1See amendment of this Section by an act of April 8, 1884, Section 63, post. 


2The rules governing the Board of Trustees [July 1, 1884] are as follows: 
_ Article I. Officers —31. The officers of the Board of Trustees shall consist 

of a president, a vice-president, a secretary (who shall act as treasurer), and a 
superintendent of schools. 

Organization? 2. The president and vice-president shall be elected annu- 
ally. The secretary and the superintendent of schools, and the superinten- 
dent of German, shall be elected at a regular meeting in July, and shall hold 
their offices for three years from the time of their election. 

23. The members elect of each successive Board of Trustees shall be sum- 
moned by the secretary of the Board to meet on the Monday after the issue 


SCHOOLS. 


necessary to form a quorum for the transaction of business. 
They shall meet at least once a month, and oftener if neces- 
sary, for the transaction of business; and no appropria- 
tion of money shall be made by said Board without the 
concurrence of a majority of the members-elect. A. cor- 
rect record of all their proceedings shall be kept in a book 


of their certificates of election, when they shall organize by the election of a 
president and a vice-president, who shall hold their respective offices for one 
year. 

Art. II. Duties of Officers —1. It shall be the duty of the president to pre- 
-side at all meetings of the Board, to sign the records of its proceedings, and 
certify transcripts of the same when necessary; to call meetings of the Board 
whenever he may deem it advisable, or when requested in writing to do so by 
three members; to appoint all committees, unless otherwise ordered; to visit, 
as often as convenient, each of the public schools of The City, and lay before 
the Board, from time to time, such suggestions as may occur to him for their 
improvement. He may, at pleasure, address the Board, the chair being first 
assumed by the vice-president, or some other member selected by him. He 
shall vote first on all questions presented by the Board. 

22. The vice-president, in the absence of the president, shall be clothed with 
all the powers and perform all the duties of the president. 

Art. IIT. Committees and their Duties.—21. There shall be eighteen stand- 
ing committees, to be appointed annually—viz: (1) A committee on finance, 
consisting of three members; (2) a committee on salaries and supplies, con- 
sisting of three members; (8) a committee on buildings, consisting of five 
members; (4) a committee on escheats and school property, consisting of 
three members; (5) a committee on normal class, consisting of five mem- 
bers; (6) a committee on examination and course of study, consisting of six 
members; (7) a committee on high schools, consisting of the president ot 
the board and six other members; (8) a committee on intermediate schools, 
consisting of five members; (9) a committee on district schools, Eastern Dis- 
trict, consisting of three members; (10) a committee on district schools, 
Western District, consisting of three members; (11) a committee on colored 
schools, consisting of five members; (12) a committee on German, consisting 
of five members; (18) a committee on penmanship and drawing, consisting 
of three members; (14) a committee on grievances, consisting of three mem- 
bers; (15) a committee on rules, consisting of three members; (16) a com- 
mittee on printing, consisting of three members; (17) a committee on sani- 
tary affairs, consisting of three members; (18) a committee on amusements, 
consisting of five members. 

22. The committee on finance shall examine all bills and claims which may 
be presented against the Board of Trustees, and report the same to the Board 
audited and approved, or rejected, with the reason for such rejection. They 
shall, each month, report the salaries of teachers and janitors for payment, 
and see that the requirements of the rules governing district schools are fully 
complied with. This committee, at least once a year, and oftener if required 
by the Board, shall examine the books, inventories, accounts, and vouchers of 


647 


648 


SCHOOLS. 


Id., Section 78. 


provided for that purpose, which shall at all times be open 
to the inspection of the citizens of Louisville. 


8. Said Board shall elect the professors and teachers, 
regulate and fix their salaries, dismiss or suspend any 
teacher or professor for misconduct or neglect of duty, 
prescribe the branches of education to be taught, the 


the secretary, and report upon their correctness to the Board. The chairman 
of this committee, or, during his absence from The City or other disability, 
the other members of the committee, in order of appointment, shall counter- 
sign all cheques for the disbursement of money in the hands of the treasurer. 

23. The committee on salaries and supplies shall have charge of all ques- 
tions concerning salaries, and see that the schools are supplied with the neces- 
sary fuel, furniture, fixtures, etc., and shall report a list of salaries at the reg- 
ular or a called meeting in June. 

24. The committee on buildings shall have charge of the erection of new 
buildings and the repair and alteration of old ones; submit plans, specifica- 
tions, and estimates of the same to the Board for approval; make contracts for 
the work and material of the same, under instructions from the Board; see 
that said work is executed in a workmanlike manner, according to contract; 
and in all cases require approved security for a faithful performance of all 
contracts. ; 

25. The committee on escheats and school-property shall report on the char- 
acter, condition and value of all escheated property, and also upon all prop- 
erty liable to escheat in Louisville. All matters of title and questions of law 
shall be referred to this committee. 

76. The committee on examination and course of study shall have con- 
trol of public examinations of the high schools, and also of the examinations 
for promotion in the district schools, and tor transfer to the high schools, the 
result to be reported to the Board at the regular meeting in August. And 
no change shall be made in text-books unless referred to the committee and 
approved by the Board, as hereinafter provided. In the month of May, an- 
nually, they shall examine the course of study prescribed for the district and 
high schools, and shall recommend to the Board, at the regular meeting in 
June, such improvements in the course of study and such changes in text- 
books as they may deem expedient; such recommendation shall be considered 
at the regular meeting in July: Provided, that when a text-book is once in- 
troduced into the schools, it shall require a two-thirds vote of the entire Board 
to change it: And provided further, that in no case shall the committee make 
a report upon any book or publication unless a copy for each member of the 
Board shall have been left with the secretary, by the publisher or his agent, 
free of cost. 

27. The committee on high schools shall have the immediate control and 
supervision of the male and female high schools, and report from time to time ~ 
upon their condition, character and efficiency. They shall recommend to the 
Board suitably qualified persons as professors and teachers for said high 
schools. 


SCHOOLS. 


necessary qualifications, the mode of examining appli- 
cants for admission, and the number of pupils annually 
to be admitted to each school. They shall fix the bounds 
of districts for each school within which the children shall 
be entitled to admission; but a majority of said Board 
may permit scholars residing in one district to attend a 


78. The committee on intermediate schools shall examine the intermediate 
department of the ward schools at least once in each halt year, without giv- 
ing previous notice to the instructors; and shall, at the regular meeting of 
the Board in August, make a report in writing, giving the result of their ex- 
aminations and visits. 

29. The committee on district schools shall examine all the schools in their 
respective districts at least once in each half year, and note the methods of 
instruction pursued therein, and that each subject required to be taught by 
the graded course of instruction has received due attention, and report the re- 
sult to the Board at the same time and in the same manner as required of the 
committee on intermediate schools. That portion of The City east ot the 
center of Third Street shall constitute the Eastern District, and that portion 
west of said line the Western District. 

210. The committee on German shall exercise a general supervision over 
the German department of the schools. They shall visit these departments 
at least once in each half year, and report their condition to the Board. 

711. The committee on penmanship and drawing shall have the general 
supervision of this subject in the high, intermediate, and district schools. 
They shall visit each school once in each half year, and carefully examine 
the methods of instruction pursued, and make such suggestions for the ad- 
vancement and improvement of the pupils as they may deem necessary. 
They shall also, in the months of December and June, carefully examine the 
copy- and drawing-books of the various schools, and report in writing the re- 
sult to the board at the next regular meeting after such examinations. To 
enable the committee to expedite their labors, the principals shall collect the 
copy- and drawing-books in their respective schools and deposit them in the 
office of the superintendent at such times as he may direct, and assist in their 
inspection upon the call of the committee. 

712. The committee on grievances shall investigate all cases of difficulty 
and misunderstanding between teachers, parents-and teachers, or teachers and 
pupils, and all other cases of difficulty, or grievances which may be referred 
to them: Provided, that all complaints shall be preferred in writing, specify- 
ing the charge or charges, and handed to the secretary of the Board, who 
shall furnish the chairman of the committee on grievances and the accused a 
copy of the same. When notified by the chairman to do so, the accused 
shall file his answer; and if,in the judgment of the committee, the proof be 
required, the chairman shall notify the parties interested of the time and 
place for them to appear with their witnesses before the committee, so that a 
fair and impartial investigation of the case may be made. Said committee, 
at the next stated meeting thereafter, shall report in writing an abstract of 


649 


650 


SCHOOLS. 


school in another, and shall provide class books for chil- 
dren attending the public schools whose parents are un- 
able to furnish them. It is provided, however, that all 
white children over six years of age, within each district, 
shall have equal rights of admission to the schools of that 
district ; and that no catechism or other form of religious | 


the proof, together with the decision of the committee for the action of the 
Board. 

713. The committee on rules shall consider and report on all additions, 
alterations, or amendments to the rules of the Board or of the schools; and no 
action shall be taken on any proposed addition, alteration, or amendment un- 
til reported upon by this committee. The annual report of this committee 
shall be made at the regular meeting in June. 

714. The committee on colored schools of The City of Louisville shall have 
the immediate control and supervision of the colored schools, and report, 
from time to time, upon their condition, character and efficiency. They shall 
recommend to the Board suitably qualified persons as teachers for the colored 
schools. 

215. The committee on normal class shall have the immediate control and 
supervision of said class, and shall nominate for election by the Board a com- 
petent person for the teacher thereof. 

716. The committee on printing shall have charge of the printing of the 
manual of rules, of all forms, blanks, etc., for the use of the schools, and of all 
other matters of printing that may be referred to them. They shall invite 
the proposals of printers for all such work placed in their hands, and under 
instructions from the Board make contracts for the faithful performance of 
such work. 

217. The committee on sanitary affairs shall examine all the schools in The 
City at least once during the year, and make to the Board such recommenda- 
tions concerning the hygiene of the schools as may seem to them proper and 
necessary. They shall consider and report upon all sanitary questions that 
may be referred to them. 

218. The committee on amusements shall havecharge of the May-day pic- 
nic and other festivals given by the Board for the amusement of the children 
of the public schools, and shall carry out such arrangements as may be ordered 
by the Board for these occasions. 

19. All calls for meetings of standing or special committees shall be issued 
by the secretary, upon notification by the chairman. 

20. Reports of all committees shall be made in writing, and shall be signed 
by the members of the committee, or by the chairman for them. 

Art. IV. Rules of Order.—1. At the hour of meeting, or as soon there- 
after as a quorum shall be present, the president, or in the absence of the presi- 
dent and vice-president, a temporary chairman, elected by a quorum of the 
Board, shall call the Board to order, which shall proceed to business in the 
following manner: (1) Calling the roll; (2) Reading the minutes of the pre- 
vious meeting; (3) Report of the superintendent; (4) Report of the commit- 


SCHOOLS. 


belief shall be taught or inculeated, nor shall any class- 
book be used which reflects upon any religious denomina- 
tion; nor shall any of said schools be so conducted as to 
interfere with the religious belief of parents or pupils. 
The Board shall elect a secretary, who shall attend all 
meetings of the board, keep their records, and perform 


tee on finance; (5) Report of the committee on salaries and supplies; (6) Re- 
port of the committee on buildings; (7) Report of the committee on escheats 
and school-property; (8) Report of the committee on examination and course 
of study; (9) Report of the committee on high schools; (10) Report of the 
committee on intermediate schools; (11) Report of the committee on district 
schools, Eastern District; (12) Report of the committee on district schools, 
Western District; (13) Report of the committee on German; (14) Report of 
the committee on penmanship and drawing; (15) Report of the committee 
on grievances; (16) Report of the committee on rules; (17) Report of the 
committee on printing; (18) Report of the committee on sanitary affairs; 
(19) Report of the committee on colored schools; (20) Report of the com- 
mittee on the normal class; (21) Report of the committee on amusements; 
(22) Call of wards; )23) Report of special committees; (24) Deferred busi- 
ness; (25) New business. : 

32. When a member is about to speak in debate, or to deliver any matter 
to the Board, he shall rise in his place and respectfully address the president. 
He shall confine himself to the question under debate and avoid all person- 
alities. 

23. No member shall speak more than twice to the same question, unless 
permission be granted by the Board, nor more than once until all other mem- 
bers choosing to speak shall have spoken. Speeches of members shall be re- 
stricted to five minutes. 

24. No member, while speaking, shall be interrupted by another, except 
by his own consent, or when a question of privilege or point of order is 
raised, 

25. When a question is under debate no motion shall be received, except 
to adjourn, to lay on the table, for the previous question, to postpone to a cer- 
tain time, to commit, to amend, or to postpone indefinitely. 

26. Every motion shall be reduced to writing, if the chairman so direct, 
or any member request it. 

47. When a motion has been carried or lost, it shall be in order for any 
member who has voted with the majority to move for a reconsideration; and 
in case the motion be made at the same meeting, it shall be competent for a 
majority of the members present to pass a vote of reconsideration; but if it 
be made at a subsequent regular or called meeting, the subject shall not be 
reconsidered unless thirteen members of the Board shall vote therefor. No 
more than one motion for reconsideration of any vote shall be permitted. 

28. Every member who shall be present when a question is put shall vote, 
unless the Board, for special reasons, excuse him. 

Z9. All motions and propositions may be referred to a committee, and all 
reports be recommitted at the pleasure of the Board. 


652 


SCHOOLS. \ 
é 3 


such other duties as may be required of him by the said 
Board of Trustees; they shall also ele@t some competent 
person as superintendent, who shall perform such duties 
as may be required of him by the Board of Trustees ; and 
said secretary and superintendent shall receive an annual 
salary, to be payable by the Board monthly. 


210. Any member may demand the division of a question when it em- 
braces two or more distinct propositions. 

211. The vote ofsixteen members of the Board shall be necessary for the 
addition, repeal, amendment, or suspension of any standing rule of the Board 
or of the schools. 

712. Thesense of the Board upon any question shall be taken by yeas and 
nays whenever demanded by any member. 

718. All motions and resolutions for the appropriation of money shall be 
voted on by yeas and nays, after reference to the committee on finance, 

214. When the Board is called upon to vote by yeas and nays on any ques- 
tion, it shall be the duty of the chair to ask if all the members are in the room; 
and if they are not, he shall require such as have been present, and may be in 
the building, to take their seats; and no vote shall be taken until such call 
has been made and due time for members to reach their places has: been al- 
lowed. 

215. Inthe election of all officers and teachers the vote shall be taken viva 
voce. 

Art. V. Meetings.—The stated meetings of the Board shall be held on the 
first Monday of each month, at 8 o’clock p. M., from the first of April to the 
first of September; and at 73 o’clock Pp. M., during the remainder of the year. 
A majority of the members actually in office shall constitute a quorum. No 
member shall leave any meeting without consent of the presiding officer of 
the Board. At any meeting the Board shall stand adjourned, without motion, 
at 103 o’clock p.m. Called meetings shall be held whenever ordered by the 
president, or whenever requested by three members of the Board, or in the 
president’s absence. by any four members of the Board. No business shall be 
transacted except as specified in the call. 

Art. VI. Contracts.—31. No contract for building or supplies shall be made 
with any person or corporation in which any member of this Board is directly 
or indirectly interested. 

Art. VI. Employes.—3 1. No person shall be employed as professor, teacher, 
secretary, superintendent, or janitor, who has in the Board either father, 
brother, husband, or son. 

Duties of Officers —Art. I. Duties of the Superintendent.—Z1. The Super- 
intendent of the Public Schools shall act under the advice and direction of 
the Board of Trustees, and shall have the superintendence of all the schools 
controlled by the Board, school-houses, books, and apparatus. He shall de- 
vote himself exclusively to the duties of his office. He shall keep regular 
office hours, other than school hours, at a place to be provided for that pur- 
pose. He shall, as far as possible, acquaint himself with whatever principles 
and facts may concern the interests of popular education, and with all the 


SCHOOLS. 


653 


4. The said Board shall, at the end of each scholastic 
year, make out and report to the General Council of The 
City of Louisville a written or printed statement, in such 
form as may be prescribed by said Board, showing the 
nuinber of pupils in each of the schools, the condition and 
amount of property and funds belonging thereto, and 


matters pertaining in any way to the organization, discipline, and instruction 
of the schools, to the end that all the children in this City may secure the best 
education possible. 

22. He shall visit each high and district school bi-monthly, or oftener, if 
his duties will permit, and shall pay particular attention to the classification 
of the pupils in the several schools, and to the apportionment among the 
classes of the prescribed studies. In passing daily from school to school, he 
shall endeavor to effect improvements snd remedy defects, and for that pur- 
pose shall require the principal of the school to accompany him in his exami- 
nation. 

23. He shall inspect the grounds, buildings, furniture, and apparatus of 
the schools, and report to the Board whenever the provisions for warming, 
ventilating, or lighting the school-houses are unfavorable to the health and 
physical development of the pupils. He shall report such buildings as are 
not kept strictly clean and in good order, and such as are not convenient, 
attractive, and adapted to the best requirements. ; 

94. He shall devise and report to the Board a system of blanks for regis- 
ters, reports, and other statistics, and prescribe rules for keeping and return- 
ing the same. He shall see that proper supplies are kept on hand for distribu- 
tion to the various schools. In order to secure uniformity, he shall require 
each teacher, except in such grades as he shall deem it inexpedient, to keep a 
daily record of the recitation and deportment of each pupil, according to the 
following method of notation—viz: 1 signifies very bad; 2, bad; 3, indiffer- 
ent; 4, good; 5, excellent, and 6, without fault. 

25. He shall keep a book containing the addresses of other superintendents 
and educators with whom he can effect a regular exchange of school docu- 
ments. 

26. At the regular meeting of the Board in the month of August in each 
year, he shall present a report of the progress and condition of the schools, 


and suggest such measures as in his judgment may conduce to their improve-. 


ment. This report shall be published in the annual report of the Board. 

27. He shall see that indigent children are supplied with books and station- 
ery at the expense of the Board of Trustees, 

28. He shall promptly notify the Trustees of any school when the weekly 
reports of principals show that the school has more than the required num- 
ber of teachers, and two weeks from the time of this notice the extra teachers 
must be dropped from the roll, unless the average attendance shall have sufli- 
ciently increased. If, however, there be an excess of pupils attending one 
school, and there be room in an adjacent ward-building for their accommoda- 
tion, the superintendent shall have power to transfer such number as he may 


Id., Section 79. 


654 


SCHOOLS. 


Id., Section 80. 


such other information as may be necessary to be laid be- 
fore the General Council of said City. 


9. For the purpose of raising money for the mainte- 
nance of the said schools, the General Council shall, in 
the year 1870, and annually thereafter, cause to be levied 
and collected a tax of feventy-five® cents on each one hun- 


3See amendment following. 


deem necessary, care being taken to select such pupils as reside nearest to the 
adjacent school. | 

29. The superintendent of public schools shall have authority to send any 
principal to another school than his own to see the modes of government and 
instruction there pursued: Provided, that the principal so sent shall not leave 
his own school until after its opening, and shall return to it before its dis- 
missal. 

Art. II. Duties of Secretary.—31. The secretary shall attend all meetings 
of the Board of Trustees, and make a full and faithful record of their proceed- 
ings, and an index to the same. He shall record and report, monthly, a list of 
teachers employed by the Board and their respective salaries, as reported to 
him, and such bills as may have been audited by the committee on finance. 
He shall file all reports and communications that are accepted by the Board. 
He shall safely keep all books, documents, and papers belonging to the Board 
of Trustees. He shall notify individual members of every stated or called 
meeting of the Board. He shall notify all committees of their appointment, 
and the subjects referred to them, and deliver to the chairman a list of the 
members thereof. He shall call together the committees when notified to do 
so by the chairman. 

72. He shall keep a regular set of books (journal, ledger, and cash-book), 
which shall exhibit at all times the exact condition of the finances of the 
Board, These books shall always be open to the inspection of the members 
of the Board and other citizens of Louisville. Heshall receive all money due 
the Board and disburse the same by their order, taking adequate vouchers 
therefor. All cheques for the disbursement of money in his hands shall be 
signed by the secretary and countersigned by the chairman of the committee 
on finance; or, in the absence of the latter from The City, or other disability, 
by the other members of said committee in order of appointment. Before 
entering upon the duties of his office, he shall give bond, with security, to be 
approved by the Board, for the faithful discharge of his duties, and for the re- 
ceipt and proper disbursement of all money coming into his hands. 

23. Under the direction of the committee on supplies he shall furnish the 
schools with all blanks, registers, supplies, fuel, and necessary furniture. 


24. At the end of each scholastic year he shall prepare and submit to the 


Board a detailed report of the cost of each school. 
25. He shall keep all unexpended funds in one of the chartered banks lo- 


ee! 


_—* 


SCHOOLS. 


655 


dred dollars’ worth of real, personal, and mixed estate of 
all kinds, including moneys and choses-in-action, except 
such things as are exempt from taxation by the laws of 
the United States and of Kentucky: Provided, that such 
assessment shall only be made on personal estate, moneys, 
and choses-in-action so far as the same shall be in excess 


cated in this City, said funds to be deposited to his credit as secretary of the 
Board of Trustees. 

26. He shall have and keep regular hours from 9 to 12 A.M. and from 3 to 
5 Pp. M. 

77. He shall make out a catalogue of the teachers for the year, together 
with the salary and grade of each, and publish the same in the annual report. 

Art. III. Duties of the Superintendent of German.—1. The superinten- 
dent of German shall be elected for a term of three years. He shall be the 
official organ of the committee on German, and have the power to give such 
advice and directions to the principals and teachers in the German depart- 
ment of the public schools as shall be deemed most efficient to promote a uni- 
form and steady progress in the study of German throughout The City; and 
it shall be the duty of those teachers to obey such directions. 

22. He shall act with reference to general school matters conjointly with 
the superintendent of public schools, and in matters pertaining to the Ger- 
man department, under the advice and direction of the committee on Ger- 
man; shall devote himself during the daily session of the schools exclusively 
to the discharge of his duties, and keep one daily office-hour after the close 
of the schools. 

23. At the regular meeting of this Board in the month of August in each 
year he shall present a report of the progress and condition of the German 
department, and suggest such measures as in his judgment may cause the 
improvement thereof. This report shall be published in the annual report of 
the Board. He shall submit to the committee on German quarterly reports, 
embracing, besides a general review of the progress made from time to time, 
such statistical notes and information as will admit of a correct judgment 
upon the favorable and unfavorable results attained in this department. 

74. It shall be his special duty to visit the schools and see that the daily in- 
structions are carried on properly and profitably. For this purpose he shall, 
whenever it appears to be necessary or desirable, proceed himself with actual 
instruction of classess in the presence of their respective teachers. 

25. It shall be further his duty to call a meeting of the German teachers 
whenever it appears necessary, expedient, or desirable, for the purpose of dis- 
cussing with them the course of study, and to point out the best manner of 
carrying out the same. 

26. He shall also teach the classes in German in the Eighth- Ward School. 

77. In other respects he shall conform to the general rules governing the 
public schools in The City of Louisville. 

78. He shall have charge of the German department of the normal class 

Art. IV. Duties and Compensation of the Attorney of the Board—The term 
of office of the attorney of the Board is fixed at three years. It shall be his 


656 


SCHOOLS. . 


of the owner’s debts; and upon the completion of the as- 
sessment of property for taxation, the amount levied as 
above shall annually be passed to the credit of the School 
Fund upon the books of The City of Louisville, and the 
said amount shall be paid over to the Board of Trustees 
by the Receiver of Taxes in regular semi-weekly install- 


duty, when applied to by the officers of the Board, to give advice upon all le- 
gal questions of interest to the Board; to conduct all legal cases in which the 
board is concerned; to examine and report upon titles of property; to attend 
to the interests of the Board regarding escheated property, fines, and gene- 
rally the legal matters; and for compensation he shall be allowed twenty-five 
per centum of all the escheated property; and he shall receive no other com- 
pensation except by special provision of the Board. 

Art. V. Duties and Compensation of the Carpenter of the Board—The term 
of office of the carpenter of the Board is fixed at three years. Under the di- 
rection of the committee on buildings and the superintendent, he shall keep 
the school-houses, fences, and furniture in proper repair, himself doing such 
repairing as can be done without assistance, and superintending such assist- 
ance as may at any time be necessary. He shall do no work except such as 
may be directed by the committee on buildings, or the superintendent or sec- 
retary. When required by the superintendent, he shall make and file in the 
office of the secretary a complete inventory of all apparatus, reference-books, 
clocks, thermometers, chairs, bells, settees, mats, black-boards, composition- 
boards, desks, maps, cards, and other movable.property belonging tothe seve- 
ral schools. For compensation he shall be allowed $900 a year. The Board 
reserves the right to dismiss the carpenter on one week’s notice. 

Scuoot Disrricts.—District Intermediate Schools.—First District Inter- 
mediate School, corner Market and Wenzel streets——The District shall be 
that part of The City east of the center of Hancock Street. Second District 
Intermediate School, corner Floyd and Chestnut streets ——The District shall 
be that part of The City between the centers of Hancock and First streets. 
Third District Intermediate School, corner of Center and Walnut streets — 
The District shall be that part of The City between the centers of First 
and Tenth streets. Fourth District Intermediate School, Seventeenth and 
Madison.—The District shall be that part of The City between the center of 
Tenth and Twenty-first streets, and also that portion south of Main and west 
of Twenty-first Street. Fifth District Intermediate School, corner of Thirty- 
fourth and High Avenue, Portland.—The District shall be that part of The 
City west of the western line of Fourth Intermediate School District. 

District Secondary Schools.—First District Secondary School and Branches, 
Cable Street, between Main and Washington.—The District shall be that part 
of The City bounded by a line commencing at the intersection of Hancock 
Street and the river; thence south with Hancock Street to Beargrass Creek; 
thence east with Beargrass Creek to Wenzel Street; thence south with Wen- 
ze] Street to Jefferson Street; thence east with Jefferson Street to Baxter 
Avenue; thence southeast with Baxter Avenue to Beargrass Creek; thence 
east with Beargrass Creek to the City limits; thence northwest with City 


ee 


SCHOOLS. 


— - ‘ —— = - 


ments, the first payment to be made in the year eighteen 
hundred and seventy, within one week after the collection 
of said amount shall have been commenced, and the other 
payments to be made semi-weekly thereafter, in current 
money, by the said Receiver of Taxes ; and for the same 
purposes, and no other, shall be appropriated the sum or 


limits to the river; thence west with the river to Hancock Street. Those 
children under eight years of age living on the east side of Wenzel, between 
Main and Jefferson, and on both sides of Market, between Wenzel and John- 
son, and on north side of Jefferson to railroad crossing, shall be permitted to 
attend the Second-Ward School without permits. Overhill-Street Secondary 
School, Overhill Street, between Broadway and Underhill_—The District 
shall be that part of The City bounded by a line commencing at the inter- 
section of Jefferson and Wenzel streets; thence east with Jefferson Street to 
Baxter Avenue; thence southeast with Baxter Avenue to Beargrass Creek; 
thence east with Beargrass Creek to City limits; thence southeast and south- 
west with City limits to Beargrass Creek; thence west and north with Bear- 
grass Creek to Broadway bridge; thence on a line with Wenzel Street ex- 
tended to Jefferson. Second- Ward Secondary School, Market Street, between 
Campbell and Wenzel.—The District shall be that part of The City bounded 
by a line commencing at the intersection of Wenzel and Beargrass Creek; 
thence with Beargrass to the center of Shelby; thence south to center of 
Main; thence west to center of Clay; thence south to center of Jefferson; 
thence east to center of Shelby; thence south to center of Walnut; 
thence east to Wenzel; thence north with Wenzel to place of beginning. 
Third District Secondary School, Broadway, between Clay and Shelby 
_streets.—The District shall be that part of The City bounded by a line 
commencing at the intersection of Jackson Street and the southern boundary 
of The City; thence running northwardly to center of Broadway; thence east 
to center of Hancock; thence north to center of Chestnut; thence east to 
center of Shelby; thence north to center of Walnut; thence east to Wen- 
ze] Street; thence south with Wenzel Street extended to Broadway and 
Beargrass Creek; thence south with Beargrass Creek to the City limits; 
thence south and west with City limits to the place of beginning. Fourth 
District Secondary School, Waluut Street, between Jackson and Han- 
cock.—The District shall be bounded by a line commencing at the inter- 
section of Clay and Market streets, running thence to the center of Preston ; 
thence south to center of Broadway; thence east to the center of Hancock; 
thence north to the center of Chestnut; thence east tothe center of Shelby; 
thence north to the center of Jefferson; thence west to the center of Clay; 
thence north to the center of Market. Main Street District Secondary School, 
Main Street, between Jackson and Hancock.—The District shall be bounded 
by a line commencing at the intersection of the river and Hancock Street; 
thence with Hancock Street to Beargrass Creek; thence east with Beargrass 
Creek to the center of Shelby Street; thence south with Shelby Street to the 
center otf Main Street; thence west with Main Street to the center of Clay 
Street; thence south with Clay Street to the center of Market Street; thence 
42 


658 


SCHOOLS. 


sums which may be received from year to year as the por- 
tion of the said City of the school-fund of this common- 
wealth, and so much as may arise from real, personal, or 
mixed property in The City of Louisville, which from 
alienage, defect of heirs, or failure of kindred capable in 
law to take the same, shall escheat to the Commonwealth 


west with Market Street to the center of First Street; thence north with First. 
Street to the river; thence with the river to the place of beginning. Fifth 
District Secondary School, corner Floyd and Chestnut streets.—The- 
District shall be that part of The City west of the Western line of Third 
and Fourth Secondary School Districts, and east of a line commencing 
at the center of First and Main; running thence south to the City limits. 
Sixth District Secondary School, Gray Street, between First and Second.— 
The District shall be that part of The City between First and Third streets. 
Seventh District Secondary School, corner Fifth and York streets.—The Dis- 
trict shall be that part of The City between Third and Seventh streets lying 
south of Chestnut. Eighth District Secondary School, corner Walnut and 
Center streets-The District shall be that part of The City between Third 
and Seventh streets lying north of Chestnut. Ninth District Secondary 
School, corner Ninth and Magazine streets——The District shall be that part 
of The City west of the western line of the Seventh and Eighth Secondary 
School Districts and east of Tenth, from the canal to the center of Chestnut; 
thence with Chestnut to the center of Twelfth; thence with Twelfth to Broad- 
way; thence with Broadway to Fourteenth; thence with Fourteenth to the 
City limits, the southern boundary of The City, excepting that part assigned 
to the Tenth-Ward Branch School. Tenth District Secondary School, cor- 
ner Thirteenth and Green streets.—The District shall be that part of The City 
west of the western line of Ninth Secondary District, and east of a line 
commencing at the corner of Fourteenth and the canal, running thence 
south to the center of Main Street; thence southwest to the center of 
Fifteenth and Market streets; thence south to Walnut Street; thence south- 
east to the center of Madison and Fourteenth streets, and south to the City 
limits, excepting that part assigned to the Tenth-Ward Branch School. 
Thirteenth Street Secondary School, Thirteenth near Maple——The District. 
shall commence at Twelfth and Magazine, and run thence with Magazine to 
Fourteenth; out Fourteenth to City limits; thence east to Tenth, in Tenth 
to Maple; thence west to Twelfth, in Twelfth to Magazine. Duncan Street 
School, corner Seventeenth and Duncan streets——The District shall be that 
part of the Eleventh Ward west of the western line of the Tenth Secondary 
District, and north of Jefferson Street. Madison Street (District Secondary) 
School, Madison and Seventeenth streets.—The District shall be that part of 
the Eleventh Ward west of the western line of the Tenth Secondary District, 
and between Jefferson and Broadway. Grayson Streeet School, Grayson, be- 
tween Twenty-second and Mercer streets——The District shall be that part of 
the Twelfth Ward south of Duncan Street. Montgomery Street School, corner 
Montgomery and Twenty-fifth streets, Portland.—The District shall be that 
part of The City west of the western line of the Eleventh Secondary District, 


SCHOOLS. 


of Kentucky, and which is hereby declared vested in said 
Board of Trustees for the use and benefit of said schools ; 
and the said Board of Trustees, by the president thereof, 
or such officers as the board may appoint for that pur- 
pose, shall enter upon and take possession of any and all 
such property, and by its title shall be a corporation, and 
in the name of its president may sue for and recover the 
same, or any chose-in-action, right, or credit of such de- 
cedent, and reduce the estate into possession as aforesaid, 
without office found; and said Board may sell, and the 
president thereof convey, all such property by warrant or 
deed or otherwise, as in the opinion of said Board may be 


and east of the center of Third Street, Portland, and south of the canal. 
Portland (District Secondary) School, corner of Thirty-fourth and High 
Avenue, Portland.—The District shall be that portion of The City west of 
the western line of the Montgomery Street School District, and south of the 
canal. 

District Primary and Branch Schools —New Jerusalem School.—The Dis- 
trict shallinclude that part of The City known as New Jerusalem. German- 
town School.—The District shall be that part of The City lying south of 
Kentucky Street and east of Clay Street. Fifth Ward Branch School, Floyd, 
between Breckinridge and St. Catharine.—The District shall be that part of 
the Fifth Ward south of Breckinridge Street. Sixth Ward Branch School, 
St. Catharine, between First and Second.—The District shall be that part of 
the Sixth Ward south of Breckinridge Street. Bullitt Street Branch School, 
Bullitt, between Main and river.—The District shall be that portion of The 
City between Main Street and the river and First and Twelfth streets. Cali- 
fornia School, corner Kentucky and Seventeenth streets——The District shall 
be that part of the Eleventh Ward south of Broadway. Shippingport School, 
Shippingport.—The District shall be that part of The City north of the 
canal. 

Colored Schools.—Fulton Colored Primary School, Elm and Pocahontas 
streets.—The District is included in that of the Eastern Colored School. Eastern 
Colored Secondary School, Jackson and Breckinridge streets.——The District 
shall be that part of The City from the center of BrookStreet east to the City 
limits, except that part of the First Ward included in the District of the Ful_ 
ton Colored School. Central Colored Intermediate School, Sixth and Ken- 
tucky.—The District shall be that part of The City from the center of Brook 
Street west to the center of Tenth. Western Colored Secondary School, Maga- 
zine, between Sixteenth and Seventeenth.—The District shall be that part of 
The City from the center of Tenth Street west to City limits, except that 
part assigned the Portland Colored School. California Colored Primary 
School, Harney Street, between Sixteenth and Seventeenth. Portland Col- 
ored Primary School, Twenty-eighth and Lytle streets——The District is in- 
cluded in that of the Western Colored School. 


660 


SCHOOLS. 


deemed to the best interest of said schools. The Male 
High School shall be; in fact and in law, a college, entitled 


to the rights, privileges, and immunities enjoyed by other 


colleges in this commonwealth ; and, on the reeommenda- 


tion of its faculty, the Board of Trustees aforesaid shall 


An act to 
amend an act 
entitled An act 
establishing a 
new charter 
for The City of 
Louisville, ap- 
proved March 
5, 18/0/28 Ap = 
proved March 
24,1880. Sec- 
tion 1. 


) 


The charter, 
act of Mar. 3, 
1870. | Sec. 81. 


have the power to confer any and all degrees that may be 
lawfully conferred by any college or university in the Com- 


monwealth of Kentucky, and attest the same by a diplo- 


ma, under the seal of the institution, signed by the presi- 
dent, vice-president, and secretary of said Board of Trus- 
tees, and the faculty of the said Male High School. 


6. The eightieth Section of an act, entitled ‘‘An act 
establishing a new charter for The City of Louisville,” 
approved March 38, 1870, be amended by striking out the 
words ‘‘twenty-five cents,’’ and inserting in lieu thereof 
the words ‘‘ thirty cents’”’: Provided, however, that this 
amendment shall not take effect until it is ratified by the 
qualified voters of The City of Louisville, at the ensuing 
general election in August, 1880; and for the purpose of 
ascertaining the sense of the people of The City, it shall 
be the duty of the judges of the election to ask each voter 
if he votes for or against the school-tax ; and it shall be 
the duty of the clerk to record the names of those voting 
for and those voting against said tax ; and the votes on this 
subject shall be counted, and the result certified in the same 
manner as provided by law for other elections held on said 
day ; and if the majority of those who vote on this subject 
at said election vote for said tax, it shall be the duty of the 


General Council to levy said tax of thirty cents instead of | 


twenty-five cents, as originally provided in said act. 


7. For the purpose of raising money to enable said 
Board of Trustees to build or procure such school-house 
or school-houses in each ward as hereinbefore provided, 
for the use and benefit of such schools, the General Coun- 
cil shall cause to be levied and collected annually a tax of 
eight cents on each one hundred dollars’ worth of real 
estate and improvements assessed for taxation as afore- 


SCHOOLS, 


said ; but this levy is only to be made for three years, un- 
less ordered by the Council to continue. 


8. It shall be the duty of the Board of Trustees, upon 
the completion of the assessment of property for taxation, 
annually to ascertain the sum likely to accrue from taxa- 
tion for the said schools for the current fiscal year ; also 
to ascertain and estimate, as correctly as may be, the 
whole amount of means applicable to educational pur- 
poses for the current fiscal year; and said Board of Trus- 
tees shall not expend or contract for the payment of a 
larger sum than the amount estimated to be received for 
the year: Provided, however, that this Section shall not 
be construed so as to prevent said board from receiving 
or expending any sum or sums that may come to them by 
gift or devise, or by any law of the commonwealth or or- 
dinances of The City passed according to law. 


9. The said Board shall have power to examine, or cause 
to be examined by competent persons, all applicants for 
the office of professor or teacher in said schools. 


10. No portion of the property or funds held or raised 
for said schools shall. ever be applied to the support of 
any school or schools not entirely under the same control 
and management, in every particular, as the public schools 
of Louisville are. 


11. The Board of Trustees shall have the power to fill 
all vacancies in their Board, occasioned by death, removal, 


resignation, or other cause, occurring in the interim of the . 


general elections. The persons so elected shall hold their 
offices until the next succeeding general election. The 
Board shall have the power to admit to the said schools 
under their control pupils from beyond the limits of The 
City, and may collect from all persons so admitted tuition 
fees for the benefit of the school-fund of The City, mak- 
ing an equitable allowance or deduction for taxes of such 
children or their parents on property in The City; and 
children of persons residing outside of the City limits 
shall not be admitted as pupils in any of the public schools 


Id., Section 82. 


Id., Section 88. 


Id., Section 84. 


Id., Section 86. 


SCHOOLS. 


la Section 8&6. 


Id., Section 87. 


An act to 
amend an act 
entitled An act 
to amend the 
charter of The 
City of Louis- 
ville, approved 
April 19, 1878. 
Approved Apr. 
10, 1878. Sec- 
tion 1. 


except upon the payment of such tuition fees as the said 
Board may require as aforesaid. 


12. Neither the General Council of The City of Louis- 
ville nor Board of Trustees of said schools shall suffer 
children of the African race to become pupils of said 
schools with white children; and the said General Coun- 
cil and Board of Trustees shall keep as a separate fund 
the school-tax levied by said City and paid by persons of 
the African race within said City, and shall apply and use 
said school-fund or tax so paid by persons of the African 
race in the education of the children of the African race 
residing within said City, or who pay a school-tax in said 
City ; and such fund to be used alone for the educational 
benefit of the children of said African race. 


18. Said Board shall have the authority to borrow 
money, in sums not to exceed twenty thousand dollars 
per month, for a term not to exceed three months, to meet 
the current expenses of said schools, said Board pledging 
as security for the payment of such loans the proceeds of 
the school-tax levied and collected during such year as 
the said loans may have been effected. 


14. No person shall be eligible as Trustee of said schools 
who has not attained the age of thirty years and is not the 
owner of real estate or a housekeeper ; who is not a citizen 
of the United States and a bona fide resident of the ward 
for which he may be chosen, or who has not been a resi- 
dent of the Commonwealth of Kentucky for five years 
and of The City of Louisville three years next preceding 
his election ; or who holds or discharges any office to which 
he has been, under existing laws, elected by popular vote ; 
or who is, at the time of his election, interested in any con- 
tract with the said Board of Trustees of Public Schools; 
or who holds any office of trust or salary in any corpora- 
tion which holds any contract with said Board of Trustees 
or The City of Louisville, the terms, rates, or prices where- 
of are subject to modification or enforcement by said 
Board of Trustees or City of Louisville ; or whose father, 


SCHOOLS. 


663 


son, brother, wife, daughter, or sister is employed as a 
teacher or professor in the Male High School, Female 
High School, or any of the public schools of Louisville, at 
the time of his election; or who is a member of either 
Board of Council, or interested in the purchase or sale of 
books or stationery, or both, or agent therefor. And if, 
after election, any member of said Board of Trustees 
should remove out of the ward for which he was chosen, 
or become a candidate for or accept any office which would 
render him ineligible, or should become interested in any 
contract with said Board of Trustees; or if his father, son, 
brother, wife, daughter, or sister should be employed as 
a teacher or professor in either of the said high schools or 
other public schools of Louisville, his seat shall thereby 
be vacated, and the vacancy supplied as hereinbefore pro- 
vided. 


15. The Board of Trustees of Public Schools shall judge 
of the qualifications of its members; and the secretary of 
said Board shall give good and sufficient security for all 
money that may come into his hands. 


16. The Board of Trustees of the Male High School, the 
Female High School, and the Public Schools of The City 
of Louisville, shall have power to admit to the said schools 
under their control pupils from beyond the limits of The 
City who, or whose parents, pay taxes on property within 
the limits of said City : Provided, however, that they may 
collect from all persons so admitted such tuition fees for 
the benefit of the school-fund of said City as said Board 
may by rule establish, making an equitable deduction for 
the taxes of such pupils or their parents, so paid by them 
for City taxes as aforesaid. 


17. The General Council of The City of Louisville is 
authorized to cause eighty-five bonds of said City, for one 
thousand dollars each, bearing interest at the rate of seven 
per cent. per annwm, payable semi-annually, with cou- 
pons attached therefor, to be executed and delivered to 
the Board of Trustees of the Male High School, Female 


The charter, 
act of March 38, 
1870. Sec. 121. 


An act for 
the benefit of 
the public 
schools of The 
City of Louis- 
ville. Approv- 
ed Apr. 8, 1880. 
Sec. 1. 


An act for 
the benefit of 
the public 
schools in The 
City ot Louis- 
ville. Approv- 
ed Jan.17,1870. 
Sec. 1. 


664 


AD act tor 
the benefit of 
thie papain 
schools of The 
City of Louis- 
ville. Approv- 
ed January 31, 
1878. Sec. 1. 


Id., Section 2. 


SCHOOLS. 


High School, and other public schools of The City of 
Louisville, of which twenty-one shall be payable two 
years after date, twenty-one shall be payable three years 
after date, twenty-one shall be payable four years after 
date, and twenty-two shall be payable five years after date. 


18. Whereas, by an act entitled ‘‘ An act for the bene- 
fit of the public schools in The City of Louisville,”’ ap- 
proved January 17, 1870, the General Council of The City 
of Louisville was authorized to execute and deliver to the 
Board of Trustees of the Male High School, Female High 
School, and other public schools of Louisville eighty-five 
bonds of said City, for one thousand dollars each, bearing 
interest at the rate of seven per cent. per annum, and the 
Sinking Fund of said City was charged with the principal 
and interest of said bonds; and the Receiver of Taxes of 
said City was directed to pay out of the school-revenue to 
the Commissioners of the Sinking Fund sufficient to meet 
the principal and interest of said bonds at maturity, and 
twenty-one of said bonds have been paid; and it has been 
represented that if the school-revenues are relieved of the 
payment to the Sinking Fund of the remaining sixty-four 
bonds, and thus relieved appropriated to the construction 
of three school-houses for colored children in Louisville, 
the School Board will be enabled to provide adequate edu- 
cational facilities for the colored children of said City ; 
now, therefore, to effectuate these ends: 


19, The second Section of an act entitled ‘‘An act for 
the benefit of the public schools in The City of Louisville,”’ 
approved January 17, 1870, shall be and read as follows: 
The Sinking Fund of The City of Louisville is charged 
with the payment of the principal and interest of the said 
bonds. 


20. The portion of the school revenues which, under 
the act mentioned in the first Section of this act, would 
have gone to the Commissioners of the Sinking Fund, 
shall be appropriated and used by the Louisville School 
Board in the construction and equipment of three school- 


SCHOOLS. 


houses for colored children, to be respectively located in 
the eastern, western, and central portions of The City of 
Louisville ; and the said school-houses, and the schools to 


be established and operated therein, shall be under the: 


control and management of said School Board : Provided, 
however, that any balance left after building said houses 
shall be set apart and invested for the benefit of the col- 
ored schools, and the interest arising therefrom shall be 
exclusively and sacredly applied to the payment of teach- 
ers of said schools, and for their maintenance and opera- 
tion. 


21. There shall be a commissioner of common schools 
in each of the counties of the State, who: shall possess a 
fair English education, good moral character, and ability 
to manage the common-school interest of the county effi- 
ciently; but in addition to the Commissioner for the County 
of Jefferson, there shall also be one for The City of Louis- 
ville, who shall be elected by the General Council of said 
City, during the month of November, 1870, and biennially 
thereafter ; the duties of said Commissioner within said 


City shall be the same as those prescribed for other com- , 


missioners, and his compensation shall be fixed by said 
City Council and paid out of the City treasury. 


22. It shall be the duty of the Commissioner, whenever 
any district or districts shall be legally entitled to their 
proportion of the revenue, estimated and apportioned for 
that school year, or to part thereof, as provided in Sec- 
tion 7, Article 1, of this chapter, to draw an order on the 
Auditor of Public Accounts for such distributable share 
or shares. The order, when countersigned by the Super- 
intendent, shall entitle the Commissioner to a warrant on 
the treasury for the amount thereof, which he shall imme- 
diately collect and pay out to the teachers of such dis- 
tricts as may be respectively entitled thereto ; but if any 
city or town, organized as one district, as provided by 
this act, he shall pay the same over to the treasurer of 
the board of trustees or school board of such city or 
town. In case the Commissioner shall fail or refuse, for 


665 


An act to re- 
vise, amend, 
and reduce to 
one the laws 
relating to 
the common 
schools of Ken- 
tucky. Ap- 
proved March 


QI St STO> SATs 
4, Sec. 1. 

ld Art. 4. Sec- 
tion 8. 


666 


SCHOOLS. 


Td., Art. 5, See- 
tion 6. 


Mids! path. fhe 


> 


Sec. 3. 


Am Het, to 
amend an act 
entitled An 
act to revise, 
amend, and re- 
duce to one the 
laws relating to 
the common 
schools of Ken- 
tucky. A‘p- 
proved March 

3, 1871. Sec- 
tion 7. 


thirty days after collecting the amount thus due, or after 
he could have collected the same, to pay the teacher, he 
and his sureties shall be liable to the person aggrieved for 


the amount due, and thirty per centwm damages, which 


may be recovered by action or motion in the court having 
jurisdiction thereof. 


23. Whena city, town, or village establishes and main- 
tains a system of common schools adequate to the teach- 
ing of all the children therein, and which all applying for 
instruction are permitted to attend free of charge, the 
same shall be deemed one district, and entitled to its pro- 
portion of the school-fund. Such city or town shall, 
through its school-agents or other officers deputed for 
that purpose, make its annual report to the Commissioner 
of the County, for the several schools therein, at the time 
and in a similar manner to that required of trustees of 
other districts. They shall also take the census of the 
white children therein, and make return thereof to such 
Commissioner as, and at the time, trustees are required 
by this chapter to do; and shall, for neglect or violation 
of their duties in that respect, be liable to the same pen- 
alties. The Commissioner shall have no control over the 
schools in such districts; but the same shall be governed 
in all respects by the local authorities. 


24. All general laws, or parts of general laws, now in 
force which conflict with this act, are hereby repealed. 
But this act is not to affect, modify, or repeal any local or 
special law which establishes any city or town in one dis- 
trict, but the same shall be governed in all respects by the 
local laws and authorities. 


29. It shall be the duty of each Commissioner, on or 
before the tenth day of January, April, and July in every 
year, to prepare and cause to be placed in the hands of 
the Superintendent of Public Instruction a report, certi- 
fied by the County Judge or Clerk as having been sworn to 
by him, showing the districts in which schools have been 
taught for a full session, and those in which schools have 


’ 


SCHOOLS. 


been taught for one half the session, as required in Sec- 
tion 5 of this amendment; and if said report is approved 
by the Superintendent, he shall certify the amount due 
for said schools to the auditor, who shall draw his war- 
rant on the treasury in favor of the Commissioner in pay- 
ment of the same, which he shall collect as soon thereaf- 
ter as possible, and when collected pay over to the trus- 
tees of the districts in proportion to the amounts they 
are respectively entitled to, for the use and benefit of the 
teachers thereof: Provided, that in cities organized as one 
district the president or chairman of the school board of 
such cities shall make the report required of them by this 
act under oath, direct to the Superintendent of Public 
Instruction, and draw an order on the Auditor of Public 
Accounts in favor of the treasurer of such school board, 
which, when approved and countersigned by the Super- 
intendent of Public Instruction, shall entitle such treas- 
urer to a warrant on the treasury of the State for the 


amount thereof; and the said treasurer and his securities: 


shall be accountable for the same upon his official bond 
in any action by such school board: Provided further, 
that no part of the ‘‘County Commissioner’s Fund,’’ or 
his compensation provided for in Section 2 of this act, 
shall be deducted from the money to which such City is 
entitled. That so much of Section 8, Article 4, as comes 
in conflict with the provisions of this Section is hereby 
repealed. 


26. The pay of the School Commissioner of The City 


of Louisville during the school-year ending June, 1871, 
Shall be fixed by the Mayor, City Attorney, and Assistant 
City Attorney of Louisville: Provided, the amount of said 
pay shall not exceed the amount of commissions received 
by the other School Commissioners of the commonwealth. 


27. The Superintendent of Public Instruction shall, on 
or before the first of August in each year, ascertain and 
estimate, as near as may be, the net revenue that will ac- 
crue from all sources during the school-year, the pro rata 
share thereof each white child will be entitled to accord- 


667 


An act relat- 
ing to the office 
of School Com- 
missioner of 
The City of 
Louisville. 
Approved Mar. 
22, 1871. Sec- 
tion 1. 


The General 
Stat Utes eOn 
Kentucky. 
Art:..i,.. See:7, 
Chap. 18. 


668 


SCHOOLS. 


Id., Art. i, See- 
tion 9. 


Id., Art. vy, Sec- 
tion 1. 


ing to the whole number of white children between the 
ages of six and twenty years in the State, and the pro- 
portion thereof each county and each district will be en- 
titled to, according to the whole number of such children 
residing in each county and district respectively, as shown 
by the returns of the county commissioner. If at the 
time of making such estimate and apportionment the tax- 
book or census returns of the commissioner for any 
county has not been made to him, he shall use the returns 
made and tax-book for the previous year. It shall be the 
duty of the Superintendent, on or before the first day of 
August, to file a copy of said estimate and apportionment 
with the Auditor of Public Accounts, and to inform each 
county commissioner of the amount each district of each 
county will be entitled to. It shall be the duty of the 
Auditor to furnish to the Superintendent such facts and 
statements as may be needed in making the estimate and 
apportionment. Whatever difference may exist between 
the actual and estimated revenue of the school-fund for 
any school-year shall be taken into the account of the 
estimate and apportionment for the succeeding school- 
year. 


28. The provisions of the foregoing Sections shall apply 
to all cities and towns reporting as one district, which 
have not now the privilege of levying a special school-tax, 
except that such cities and towns, for the purpose of 
establishing a graded system of free schools, may levy a 
tax, not exceeding thirty cents in any one year, on the 
hundred dollars’ worth of taxable property in the district. 


29. There shall be a Commissioner of Common Schools 
in each of the counties of the State, who shall be pos- 
sessed of moral character and ability to manage the com- 
mon-school interests of the county efficiently. He shall 
possess a good English education, and shall be competent 
to examine the teachers who shall apply to teach the com- 
mon schools in the county, and to correctly certify the 
same. In addition to the Commissioner for the County 
of Jefferson there shall be one for The City of Louisville, 


SCHOOLS. 


669 


who shall be elected by the General Council of said City 
during the month of November, 1874, and biennially 
thereafter ; the duties of said Commissioner within said 
City shall be the same as those prescribed for other com- 
missioners, and his compensation shall be fixed by said 
City Council, and paid out of the City treasury. 


30. It shall be the duty of each commissioner, on or be- 
fore the first day of June of each year, to prepare, mail to, 
and cause to be placed in the hands of the Superintendent 
of Publie Instruction a report certified by the County 
Judge or Clerk as having been sworn to by him, showing 
the whole number of white children, between the ages of 
six and twenty years, residing in his county, and the 
whole number residing in each district, described by its 
number, of his county. Heshall base his report upon the 
census taken during the month of April, and reports 
thereof made to him by the district trustees. If such re- 
ports are not in from any district by the tenth day of May, 
the commissioner shall appoint a suitable person to take 
the census of such district, who shall be paid a reasonable 
compensation for his services, out of the amount due that 
district for the next school-year. 


31. It shall be the duty of each commissioner, on or 
before the fifteenth of November, February, May, and the 
first day of July in every year, to prepare and cause to 
be placed in the hands of the Superintendent of Public In- 
struction a report, certified by the County Judge or Clerk 
as having been sworn to by him, showing the districts in 
which schools have been taught fora full session, and those 
in which schools have been taught for one half the ses- 
sion; and if said report is approved by the Superintendent, 
he shall certify the amount due for said schools to the Au- 
ditor, who shall draw his warrant on the treasury in favor 
of the commissioner in payment of the same, which he 
shall collect as soon thereafter as possible, and when col- 
lected pay over to the teachers of the districts in propor- 
tion to the amounts they are respectively entitled to for 
the use and benefit of the teachers thereof: Provided, 


Id., Art, ¥, Sec- 
tion 7. 


Id., Section 8. 


670 


Id., Art.vi, Sec- 
tion 6. 


SCHOOLS. 


that in cities organized as one district the president or 
chairman of the school board of such cities, shall make 
the report required of them by this act under oath, direct. 
to the Superintendent of Public Instruction, and draw an 
order on the Auditor of Public Accounts in favor of the 
treasurer of. such school board, which, when approved 
and countersigned by the Superintendent of Public In- 
struction, shall entitle such treasurer to a warrant on the 
treasury of the State for the amount thereof ; and the said 
treasurer and his securities shall be accountable for the 
same upon his official bond in any action by such school 
board: Provided further, that no part of the ‘‘ County 
Commissioner’s Fund,’’ or his compensation provided for 
in Section 12, Article 1, of this act, shall be deducted from 
the money to which such city is entitled. All reports 
made to the commissioner shall be carefully filed and pre- 
served by the commissioner and shall be subject to his 
revision and correction if mistakes should be detected 
therein. . 


02. When a city, town, or village establishes and main- 
tains a system of common schools adequate to the teachings 
of all the children therein, and which all applying for in- 
struction are permitted to attend free of charge, the same 
shall be deemed one district, and entitled to its proportion 
of the school-fund. Such city or town shall, through its 
school-agent or other officers deputed for that purpose, 
make its annual report to the commissioner of the county 
for the several schools therein, at the time and in a simi- 
lar manner to that required of the trustee of a district. 
They shall also take the census of the white children 
therein, and make return thereof tosuch commissioner as, 
and at the time, trustees are required by this chapter to 


do; and shall, for neglect or violation of their duties in 


that respect, be Hable to the same penalties. The com- 
missioner shall have no control over the schools in such 
districts ; but the same shall be governed in all respects 
by the local authorities. 


SCHOOLS. 


33. But this act is not to affect, modify, or repeal any 
local or special law which establishes any city or town in 
one district ; but the same shall be governed in all respects 
by the local laws and authorities. 


34. The net proceeds of any estate embraced in this 
chapter, which may be paid into the treasury, shall be 
reimbursed to the proper owner, who had not before as- 
serted claim thereto by petition or otherwise, upon his 
producing to the Auditor evidence of the justice of his 
claim, certified to be competent by a majority of the 
Judges of the Court of Appeals. In such cases the At- 
torney General, if he deems it proper, shall be allowed 
time to adduce countervailing evidence before such cer- 
tificate is given. | 

39. There shall be a uniform system of common schools 
for the colored children of this commonwealth. 


36. The number of colored children in each district, 
between the ages of six and sixteen years, shall be taken 
and reported at the same time and in the same manner 
as required by law for taking the census of white chil- 
dren; and the distribution of the colored school-fund 
shall be made at the same time and in the same manner 
as provided by law for the distribution of the school-fund 
for white children. 


37. It shall not be lawful for any colored child to attend 
a common school provided for white children, nor for a 
white child to attend a school provided for colored chil- 
dren. 


38. The Board of Trustees of the Public Schools of The 
City of Louisville are hereby authorized and empowered 
to use the surplus or balance remaining after the building 
of the school-houses for colored children, provided for 
in an act entitled ‘‘An act for the benefit of the Public 
Schools of The City of Louisville,’ approved January 31, 
1873, amounting to about the sum of forty-five hundred 
dollars, to the erection, purchase, or procuring of two 
other school-houses for colored children, to be situate, 


Id., Chapter 36, 
Art. v, Sec. 6. 


An act to 
establish a uni- 
form system of 
common scho’ls 
for the colored 
children of this 
commonwe lth. 
Approved Feb. 
28, 1874. Sec- 
tion 1. 


Id., Section 8. 


Id., Section 16. 
An act to 
amend an act 


entitled an act 
for the benefit 
of the public 
schools of The 
City of Louis- 
ville, approved 
Jan. 31, 1878. 
Approved Feb. 
1; 1876. 


672 


An act for 


the benefit of 


the public 


schools 


of The 


City of Louis- 


ville. 
proved 
1876. 


Ap- 
Feb. 1, 
Sec. 1. 


Id., Section 2. 


An 
amen 
charter 


act to 
dat be 
of The 


City of Louis- 


ville 
proved 
1880. 


Mgt She 


Apr. 8, 
sec... 


SCHOOLS. 


one in the eastern and one in the western part of said City 
of Louisville. 


39. For the purpose of enabling the Board of Trustees 
of the Male High School, the Female High School, and 
the Publie Schools of The City of Louisville, to build, en- 
large, procure, repair, or purchase such school-house or 
school-houses as may be necessary or suitable in the vari- 
ous wards of said City for the use of white children, the 
General Council of Louisville shall cause to be annually 
levied and collected a tax of eight cents on each one hun- 
dred dollars’ worth of real estate and improvements and 
mixed property, and on such personal property, money, 
and choses-in-action, as shall exceed the owner’s debts, 
now subject to taxation within the taxable limits of said 
City. Said tax, when levied, shall be passed to the credit 
of the school-fund on the books of The City of Louisville, 
and shall be paid to the said Board of Trustees by the 
Receiver of City Taxes in the same manner that other 
funds belonging to said Board are now paid over by said 
City. 


40. This tax shall only be levied annually for five years: 
Provided, that this tax shall only be levied for one year, 
unless the voters of Louisville, at the next regular ensu- 
ing municipal election, order it to be continued; and it 
shall be the duty of the Mayor and General Council to 
submit the matter to the voters of Louisville at said time ; 
and it shall be the duty of the officers of the election to 
ask each voter whether he votes for or against the school- 
tax; and if a majority of those voting on this question 
vote in favor of said tax, then it shall be continued to be 
levied and collected for three years more by said General 
Council. 


41. The City of Louisville is hereby constituted a school 
district, which shall be under the management and con- 
trol of the Board of Trustees of the Male High School, the 
Female High School, and the public schools of The City 
of Louisville, and all the property therein, both real, per- 


SCHOOLS. 


sonal, and mixed, including money and choses-in-action, 
except such things as are exempt from taxation by the 
laws of the United States and of Kentucky, shall be as- 
sessed and taxed for school purposes in said district: 
Provided, that such assessment shall only be made on per- 
sonal estate, money, and choses-in-action, so far as the 
same shall be in excess of the owner’s debts: Provided, 
that the provisions of this act shall not apply to any per- 
son residing outside of the limits of The City of Louisville 
and owning personal property, choses-in-action, money, 
etc., within said City, who does not avail himself of the 
benefits of the City schools. 


42. No principal of any school, and no principal or 
teacher of any private, sectarian, or other school, shall 
admit to any such school any child or minor who shall 
not have been vaccinated within five years next preced- 
ing the admission, or application for admission, to any 
such school of such child or minor, nor shall any princi- 
pal or teacher retain in or permit to attend any such school 
any child or minor who shall not have been vaccinated 
within five years next preceding the taking effect of this 
statute. The evidence of such vaccination to be presented 
to any such principal or teacher as is mentioned above 
shall be a certificate signed by the Health Officer or any 
practising physician. 


43. The Health Officer is hereby empowered to visit any 
and all public and private schools in The City, and to 
make, or cause to be made, an examination of the chil- 
dren and minors in attendance therein as often as he may 
deem necessary to secure compliance with the provisions 
hereof. 


44, Any principal of a public school, or principal or 
teacher in any private or other school who shall violate 
any of the provisions of this statute, or shall in any way 
prevent, or attempt to prevent, the Health Officer from 
exercising the power conferred by this act, shall be fined 


for each offense not less than five dollars nor more than 
43 


673 


An act to 
amend the 
charter of The 
City of Louis- 
Ville... Ap- 
proved Apr. 8, 
1882. Sec. 20. 


Id., Section 21. 


Id., Section 22. 


674. 


An act to 
amend Art. 1 
and Article 5, 
Chap. 36, of the 
General Stat- 
utes of Ken- 
tucky, entitled 
Escheats and 
Escheators, so 
far as the same 
shall apply to 
The City ‘of 
Louisville. 
Approved Apr. 
22, 1882. Sec- 
tion 1. 


Id., Section 2. 


SCHOOLS. 


one hundred dollars, recoverable upon ordinance-warrant 
in the City Court, and paid into the City treasury. 


45. Article 1, Chapter 36, General Statutes, be amended 
as follows: ‘‘Thatall property, rights of property, credits 
or moneys held on deposit or otherwise, the last-kKnown 
owner of which has not been heard of for eight years, and 
has not exercised any act of ownership over the same for 
eight years, shall vest in the commonwealth, without 
office found, and may be recovered by the commonwealth 
by an action in equity ; the receipt of the Auditor or the 
order or judgment of a court of equity shall be a full 
discharge or acquittance to the person or depositary sur- 
rendering the possession of said property : Provided, that 
property in The City of Louisville subject to escheat to 
the commonwealth shall vest in the Board of Trustees of 
the Male High School, Female High School, and the Public 
Schools of The City of Louisville for the use and benefit 
of the said schools, and the said Board shall have and ex- 
ercise as to all such property the rights, remedies, and 
responsibilities of the commonwealth, as provided in this 
chapter so amended. 


46. Section 6, Article 5, Chapter 36, General Statutes, is 
hereby repealed, and in lieu thereof it is provided that 
the net proceeds of any estate embraced in this Chapter 
which may be paid into the treasury shall be reimbursed 
to the owner or person by law entitled to the same, who 
had not before asserted claim thereto, upon his produc- 
ing to the Auditor the certificate of a court of equity, 
that in a proceeding upon petition in said court, after due 
notice served upon the Auditor and time given to make 
defense, it was found upon final hearing that the claim 
was just and proper: Provided, that the State shall not 
be liable for money paid to the Board of Trustees of the 
Public Schools of The City of Louisville, but the said 
Board shall be liable therefor in like manner as the State 
is liable where it has received the escheated. property, and 
shall refund the same upon like proceedings against it, as 
provided for in this chapter against the State. 


~ het el 


SCHOOLS. 


47. This act shall apply to The City of Louisville only. 


48. Whereas, by existing law there is a difference in 
the per capita to which the white and colored-pupil chil- 
dren of this commonwealth are entitled ; and whereas no 
such difference in the per capita due such white and col- 
ored-pupil children should exist; and whereas, the tax of 
twenty cents on the one hundred dollars now levied in 
support of common schools was levied only after the rati- 
fication and approval of the white voters of the common- 
wealth, and was only intended for the benefit of white 
children ; and whereas an additional tax of two cents on 
the one hundred dollars levied on all the property in the 
commonwealth subject to taxation for revenue purposes 
will make the per capita of the white-pupil child and the 
colored-pupil child the same: therefore, 


49. A tax of two cents on each one hundred dollars’ 
worth of property in this commonwealth, subject to taxa- 
tion for State revenue purposes, be and the same is here- 
by levied andimposed. Said tax, when collected, shall be 
placed to the credit of the common-school fund of the 
State, which entire fund shall hereafter be united and be- 
come one fund, to which the white- and colored-pupil chil- 
dren of this State shall be entitled in the same proportion. 
The school-ages of colored children shall be from six to 
twenty years, and the capitation-tax Imposed upon colored 
people for common-school purposes is hereby repealed. 


50. But nothing in this act shall be construed in any 
wise or to any extent, or for any purpose, to authorize any 
white child to attend any common school for colored chil- 
dren, or any colored child to attend any school for white 
children, but white and colored schools shall be forever 
kept and maintained separately. 


d1. This act shall not take effect until ratified and ap- 
proved bya majority of the legally qualified voters of the 
State voting on the question; and to ascertain the sense 
of the qualified voters it shall be the duty of the sheriff 
and other officers conducting the next annual election, to 


675 


Id., Section 3. 


ALTE &Gted Th 
relation to the 
common scho’ls 
of this com-: 
monwealth, 
providing for 
the levy of ad- 
ditional tax, 
and submission 
of same to the 
people. Ap- 
proved Apr. 24, 
1882. 


Id., Section 1. 


Id., Section 2. 


Id., Section 3. 


676 


SCHOOLS. 


} Id., Section 8. 


An act to 
establish the 


University of 


Louisville. 
Approved Feb. 


7, 1846. 
tion 1. 


Sec- 


be held on the first Monday in August, 1882, to open a 
poll in the various precincts in their respective counties 
and take the sense of the qualified voters of the common- 
wealth upon the propriety and expediency of imposing 
an additional tax of three cents on each one hundred dol- 
lars’ worth of property in the State subject to taxation, 
for the purpose of increasing the common-school fund of 
Kentucky, and of equalizing the white and colored per 
capita. 


92. This act shall take effect from and after its passage, 
so far as it provides for a submission of the vote to the 
people. | 


593. An institution of learning shall be and the same is 
hereby established and incorporated in The City of Louis- 
ville, and that George W. Weissinger, Garnett Duncan, 
Samuel 8. Nicholas, Wm. E. Glover, W. S. Vernon, Isaac 
Everett, James Marshall, Henry Pirtle, Jas. Guthrie, 
Chapman Coleman, and Wm. F. Bullock, shall be and 
they are hereby appointed trustees of said University, 
and shall have perpetual succession ; and they and their 
successors in office shall be a body politic and corporate 
in law, under the name and style of the President and 
Trustees of the University of Louisville; and by that name 
and style may sue and be sued, plead and be impleaded, 
defend and be defended, contract and be contracted with, 
in all courts of law and equity of this commonwealth ; 
and shall have power and authority to acquire and hold 
all such real and personal estate, money, goods, or chat- 
tels, as may be necessary, convenient, and proper for all 
or any of the departments of the University aforesaid ; 
and by that name and style shall also have power and 
authority to acquire and hold real and personal estate 
sufficient to yield an annual income, rent, or interest not 
exceeding forty thousand dollars per annwm ; and from 
time to time, if by them deemed expedient, to sell and 
convey the same, and to re-invest or dispose of the pro- 
ceeds in such manner as the interests of said University 


SCHOOLS. 


677 


may require; and shall have and use a common seal, and 
the same may alter and renew at pleasure, or may pass 
all needful and necessary by-laws and regulations, not 
contrary to the constitution and laws of this common- 
wealth, and may change; modify, and repeal the same at 
pleasure, and re-enact others, from time to time, as the 
interests of said institution may require. And the said 
President and Trustees of said University of Louisville 
shall have full power and authority to establish all the 
departments of a university for the promotion of every 
branch of science, literature, and the liberal arts; and 
also may establish faculties, professorships, lectureships, 
and tutorships, and alter or abolish the same at pleasure ; 
and may appoint lecturers and tutors thereto, and may 
remove any one or all of them at pleasure and appoint 
others in their stead. 


54. The said President and Trustees may appoint a 
treasurer, secretary, and librarian, and such other officers 
and agents as they may deem necessary for the purposes 
of education, and the prudential management of the fis- 
cal and other concerns of said University ; and may re- 
quire bond and security from the said treasurer, secre- 
tary, librarian, and other officers, for the faithful dis- 
charge of the duties imposed upon them. And the said 
President and Trustees may grant and confer all degrees 
usually conferred in colleges or universities; and gene- 
rally shall have and exercise all power and other author- 
ity necessary and proper for an extended university of 
learning. 


d0. The said Trustees shall, from time to time, choose 
one of their own body as President. The President shall 
hold his office during the pleasure of the Board, or such 
time as fixed by the by-laws, or until vacated by death, 
resignation, or removal from the county, or removal by a 
majority of the Trustees. After the election of President 
the residue of the Trustees shall class themselves into five 
equal classes; the first class shall go out of office on the 
first of March, 1848; the second class on the first of March, 


Id., Section 2. 


Id., Section 3. 


678 


Id., Section 4. ’ 


Id., Section 5. 


SCHOOLS. 


1850; the third class on the first of March, 1852; the 
fourth class on the first-of March, 1854; and the fifth 
class on the first of March, 1856 ; and the Mayor and Coun- 
cil of The City of Louisville, a majority of all elected 
concurring, shall fill all vacancies which shall arise in the 
offices of Trustees from death, resignation, or removal 
from the county or otherwise, for the balance of the term 
of the Trustees whose office shall be vacated: Provided, 
that if the Mayor and Council shall from any cause fail 
to fill any vacancy which shall arise in the Board of Trus- 
tees, for the space of thirty days, the President and Trus- 
tees shall have a right to fill the same: And provided, 
that when the office of President shall become vacant from 
any cause, the Trustees may choose a President pro tem- 
pore until another Trustee shall be elected, after which a 
President shall be chosen. 


06. The said President and Trustees shall, at the close 
of each academic year, make a report of the condition of 
each department of the University, of the condition of the 
buildings, library, apparatus, e¢c., belonging to the same, 
to the Mayor and Council aforesaid, who shall have the 
right at all times of inquiring into the same. 


57. All gifts, grants, donations, endowments, and _ be- 
quests which may be hereafter made or granted to any 
one department of said University, or to any professor- 
ship, tutorship, or lectureship, therein or thereof, shall 
be held by the President and Trustees aforesaid in trust 
for the department, professorship, tutorship, or lecture- 
ship designated in such gift, grant, donation, endowment, 
or bequest, and shall be faithfully applied for the object 
designated, and none other: Provided, that such gitts, 
grants, donations, endowments, or bequests to said Uni- 
versity, not designating the purpose for which made, shall 
be taken as made to the department of said University 
other than the medical and law departments. And where 
as, on the twenty-first day of November, 1837, The City 
of Louisville, of the first part, in accordance with certain 
resolutions of the citizens of Louisville, passed at a pub- 


SCHLOOLS. 


lic meeting held at the Radical Church, in Louisville, con- 


veyed to the president and trustees of the Medical Insti- 


tute of Louisville all that square of ground in Louisville 


bounded by Chestnut, Magazine, Eighth, and Ninth . 


streets, for the purpose of erecting buildings for a medi- 
cal college, and for other purposes, as in said deed and 
resolutions are fully set forth ; and in said deed itis stip- 
ulated and covenanted by the parties of the second part, 
in said deed mentioned, who are the president and trus- 
tees aforesaid, that they will, and that their successors 
shall, in case a charter for a college or university shall be 
obtained, and on being requested so to do by the Mayor 
and Council of said City, convey to the trustees of such 
college or university so chartered, the square of land afore- 
said and all the improvements thereon, and the library, 
apparatus, efc., belonging to said establishment at the 
time such conveyance is or ought to be made; now, be it 
enacted that— 


98. When the said President and Trustees, or the said 
President and Managers, of the Medical Institute of Louis- 
ville shall, upon request of the Mayor and Council afore- 
said, have conveyed to the President and Trustees of the 
University, by this act chartered and incorporated, or 
their successors, the said square of ground bounded and 
described and conveyed by the said deed, dated Novem- 
ber 21, 1837, together with all the improvements thereon, 
and the library, apparatus, efc., belonging to said estab- 
lishment, that then, and in that case, the said Medical In- 
stitute shall cease to exist, and all acts incorporating or 
creating the same shall be thenceforth deemed to be re- 
pealed, and the medical school established by said Insti- 
tute, together with all its rights and privileges, shall 
thenceforth become the Medical Department of the Uni- 
versity of Louisville, and shall thenceforth be under the 
control of the President and Trustees of said University 
and their successors, to all intents and purposes: Pro- 
vided, that the President and Trustees of said University 
shall never appropriate, nor shall the Mayor and Council 


679 


Id., Section 6. 


680 


SCHOOLS. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


of Louisville appropriate the Medical College building on 
said square, and the library, apparatus, museum, éfc., be- 
longing to the same to any other purpose than to the use 
and purpose of the Medical Department of said Univer- 
sity, nor shall the profits, fees, or revenues of any depart- 
ment of said University be diverted from the use of such 
department. 


09. From the date of this act going into operation, the 
act entitled ‘An act for the benefit of the Louisville Col- 
lege’’ shall be no longer in force, and that the proceeds 
arising from the sales of seminary lot, so called, lying on 
the west side of Eighth Street, in Louisville, now or to be 
hereafter made by the Mayor and Council of Louisville, 
shall be applied, by and under the direction of the said 
Mayor and Council, to erection of buildings on said square 
for the Academic Department of said University. 

60. The professors now in office in said Institute, accord- 
ing to the organization of said Institute, shall continue to 
be professors in the Medical Department of said University 
during the pleasure of the President and Trustees of said 
University, and they, orany one of them, may be removed 
by the said President and Trustees, and others appointed 
in their places; but not less than a majority of said Trus- 
tees shall have power to remove or appoint any professor 
in said medical or academical, or other department of said 
University. 

61. The pupils of one class of the Academical Depart- 
ment shall be entitled to attend annually, without com- 
pensation, a course of lectures on anatomy and physiology, 
and a course on chemistry, and that one class of the Law 
Department shall have the right to attend, annually, a 
course of lectures on medical jurisprudence, also without 
compensation ; and each department shall, if required, 
receive from the public schools of The City of Louisville, 
without charge, any number of pupils, not exceeding six, 
to each department: Provided, that the pupils shall have 
been in said schools at least two years, and shall have 
been recommended to the Trustees of said University by 


SCHOOLS. 


681 


the Mayor and Council aforesaid, and after examination 
by the professors of the department into which they wish 
to be admitted, shall have been found qualified. 4 


62. That a diploma from the University of Louisville, 
in its Law Department, conferring the degree of bachelor 
of laws, shall entitle the person on whom it is conferred 
to practise law, and shall have the same effect as a license 
to practise law in the courts of this commonwealth, signed 
by two Circuit Judges. 


63. The corporate title of the Board of Trustees of the 
Male High School, the Female High School, and the Pub- 
lic Schools of The City of Louisville, is changed to that of 
the ‘‘ Louisville School Board,”’ and in said name it shall 
have power to sue and be sued, to contract and be con- 
tracted with, to make and use a common seal and to alter 
the same at pleasure, to purchase, take by gift, grant or 
devise, and to dispose of any real or personal estate, and 
in general to do all acts, and to have and enjoy all fran- 
chises and privileges heretofore pertaining to said Board 
under its former title. 


64. It shall be the duty of the Louisville School Board, 
on or before the first of June, in the year 1888, and every 
fifth year thereafter, to prepare, mail, and cause to be 
placed in the hands of the Superintendent of Public In- 
struction, a report certified by the County Judge or Clerk 
as having been sworn to by the president or secretary of 
said Board, showing the whole number of white and black 
children, between the ages of six and twenty years, resid- 
ing within the school district of The City of Louisville. 


65. For the years in which the census is not hereby re- 
quired to be taken, the said Board shall, on or before the 
first of June in each year, prepare, mail, and cause to be 


4In the case of The City of Lowisville v. President and Trustees of the 
University of Louisville, 15 B. Mon., 642, the relation between the University 
and the State legislature, and also that between the University and The City 
were defined. 


An act for 
the benefit of 
the law depart- 
ment of the 
University of 
Louisville. 
Approved Mar. 
10, 1856. 


An aect-to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved Apr. 3, 
1884. Sec. 1. 


Id., Section 2. 


TId., Section 8. 


682 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


SCHOOLS. 


placed in the hands of the Superintendent of Public In- 
struction, a report, duly certified, of the number of chil- 
dren as shown by the last preceding report or census, 
with such an increase qr addition to that number as is 
ascertained to be the annual increase of the children in 
the district, upon averaging the yearly increase during 
the five years next preceding the filing of the report: 
Provided, however, that the Board may cause an actual 
census to be taken in any of such years, and so report to 
the Superintendent as heretofore required to be done in 
every fifth year. 


66. The Board shall appoint a suitable person to take 
the census, who shall certify his report of the census to 
the Board before some judicial officer, and who shall be 
paid a reasonable compensation for his service. 


67. Section 2 of an ‘‘Act to amend the charter of The 
City of Louisville,’’ approved April.8, 1882, is so amend- 
ed that merchants who pay alicense to transact their 
business shall, for school purposes, be taxed on their goods 
and merchandise. 


68. This act shall be in force from and after its passage, 
and all acts in conflict therewith are hereby repealed. 


ses” See BOUNDARY AND SUBDIVISION—CHARITIES AND CORRECTIONS— 
County RELATIONS—CovuRTsS oF LAW—FINANCE—GENERAL CoUNCIL— 
SINKING FuND—TAXATION. 


The unreported opinion in the case of City of Louisville v. University of 
Louisville, Court of Appeals, March 21, 1878, is as follows: 

“The reservations made in the deed executed in November, 1837, by The 
City of Louisville to the president and trustees of the Medical Institute, 
give to The City the right at any time to erect and construct other college 
buildings on said square, and to alter, change, modify, enlarge, or diminish 
any and all improvements which may be created or constructed on said square 
of land other than the Medical College. It was contemplated by those in- 
augurating tbis enterprise that on this square of ground, conveyed to the 
Medical College, should be erected an assemblage of colleges—in other words, 
a university—in which was to be taught all branches of learning; and in order 
to enable them to accomplish the purpose the trustees of the Medical Insti- 
tute, by the terms of the conveyance under which they held, were required, 


SCHOOLS. 


‘on the obtention of a charter for a college or university, that the square, 
building, library, etc., shall be conveyed to the trustees of such colleges, with 
the consent of the Mayor and Council of Louisville. A charter was obtained 
for the University, and on the twenty-fourth of April, in the year 1840, the 
president and managers of the Medical Insitute, in accordance with the pro- 
visions of the deed, and by the request of the Mayor and the Council of The 
City, conveyed this property in fee to the president and trustees of the Uni- 
versity of Louisville, to be held for the same uses and trusts as are contained 
in the original deed by The City to the Medical College. The University 
being established, its trustees were invested with the full power to use and 
control the square for the uses and trusts mentioned in the deed of 1837. An 
effort was made to divest these trustees of this right by a change made in 
the charter of The City of Louisville, by which other trustees were to be 
substituted, and this Court, in the case of The City of Louisville against the 
president and trustees of the University, held that this grant to the president 
and trustees of the University was not only valid, but that they held the pro- 
perty for the purposes for which the corporation was created, and having 
acquired such corporate rights, neither The City of Louisville or the legis- 
lature could divest them of their right to the property.—City of Louisville v. 
President and Trustees, etc., 15 B. Mon., 670. It is manifest that this square 
of ground was intended, and in fact set apart by the conveyances referred to, 
for the purpose of erecting colleges for every branch of learning, if desired, 
with the right of The City to erect as many buildings for that pur- 
pose as it saw proper, and when erected they became a part of the 
University proper. The City did erect the building on this square, the 
use of which is now in controversy. The trustees of the University, in 
the year 1855, permitted the Trustees of the common schools to use the build- 
ing for a High School. The School Trustees were to keep it in repair, etc,, 
and use it free of rent for one year and until notice to quit. The children of 
The City attended the school, and it was taught in this building from the year 
1855 to the year 1876, and notice having been given by the trustees of the 
University that they wanted the possession, and the Trustees of the school 
refusing to.comply with their demand, held over, and now The City and the 
Trustees of the Public Schools are sought to be made liable for rent. There 
was certainly no agreement on the part of The City or the Trustees to pay 
rent; and, so far as the agreement of facts can affect the questions involved, 
it seems that The City claimed the exclusive right to control the building, and 
the trustees of the University a like right, and neither party has made any con- 
cession of right by the agreement of record. That The City had the right 
to erect the buildings on the grounds of the University for the purposes con- 
templated in the original conveyance, as well as the act incorporating the Uni- 
versity, and not only so, but the buildings being unoccupied, could demand 
that the buildings should be used for educational purposes, are rights that can 
not be questioned; and having erected the building in which these schools 
were taught, and permitted the use for the school purposes—as The City had the 
right to demand it should be used—the University can not, by converting 
itself into a landlord, assert a claim for rent as against these beneficiaries. 
It was in execution of the trust when these trustees permitted the use of the 
building, and The City was accomplishing by it the very object it had in 
view when making the original grant. Whether or not the trustees of the 
University had the power to determine the manner in which the school should 


683 


684 


SCHOOLS. 


beStaught, and the professors that should teach—in other words, the right to 
control the school—are questions not necessary to be decided. It is certain 
that by the deed to the trustees of the University they were invested with 
the fee; ‘the parties of the first part have bargained, sold, and conveyed, and 
by these presents hereby bargain, sell, and convey to the parties of the sec- 
ond part, the said square, Medical College buildings, library, etc., to have and 
to hold the same to the parties of the second part, and their successors, for- 
ever, upon the trusts, efc., and for no other use, trust, or purpose whatever, 
etc. Although the title is in these trustees, The City, by reason of the res- 
ervation, would have the right to enter and erect, if it saw proper, a build- 
ing fora theological school, but when erected, it does not by any means fol- 
low that the trustees are divested of all control over the building or the or- 
ganization of that department. The powers of the University are clearly 
set forth in the charter. Section 1 provides that they shall have full power 
and authority to establish all the departments of a university, for the promo- 
tion of every branch of science, literature, and the liberal arts; and also may 
establish faculties, professorships, lectureships, ete., and alter or abolish the 
same at pleasure, etc. With this power, however, the trustees could not be 
said to be acting in good faith, or executing the trusts created by the deed, if 
they should refuse The City the right to erect buildings for college purposes, 
and thus to enlarge the University; nor could The City have the right to 
erect a building for any other use than that consistent with the purposes of 
the original donation. The claim for rent was properly denied.” 


The unreported opinion in the case of Board of Trustees of the Male High 
School, etc.,v. Hewitt, Auditor, Court of Appeals, June 22, 1882, is as follows: 

“Tn 1856, I. Edgar Thompson, whose domicil was The City of Louisville, 
died in the County of Trimble intestate, without heirs or distributees entitled 
to his estate, and N. Parker was, by the County Court of that county, ap- 
pointed administrator. The estate of decedent consisted, at the time of his 
death, almost entirely of money, $3,138.17 of which was deposited to his credit 
in the Bank of Kentucky, in Louisville. Upon a settlement of his accounts 
there was a balance of $3,100.17 belonging to the estate in the hands of the 
administrator, and as required in such cases by Chapter 34, Revised Statutes, 


he paid that sum to the agent of the commonwealth in that county, who on the 


thirteenth of December, 1859, paid $2,740.14 thereof into the treasury. In 
1881 appellants, in pursuance of Section 6, Article 5, Chapter 86, General 
Statutes, produced to the Auditor of Public Accounts evidence of the justice of 
their claim, certified by a majority of the Judges of the Court of Appeals to 
be competent upon the issues raised, and demanded of him a warrant upon 
the Treasurer for said amount, which was refused by the Auditor. Thereupon 
appellants filed their petition in the Franklin Circuit Court, praying for a 
mandamus commanding the Auditor to draw his warrant as demanded. To 
the petition the Auditor filed both a general demurrer and answer, and the 
action being submitted for trial, judgment was rendered dismissing the peti- 
tion. From that judgment this appeal is prosecuted. Appellants claim the 


fund attempted to be recovered by this proceeding, under and by virtue of 


Section 9, Article 10, of an act to charter The City of Louisville, approved 
March 24, 1851, and the subsequent acts amendatory thereof, which were 
passed in the years 1860, 1861, and 1870. By Section 9 of the act of 1851 it 
is provided, that ““So much as may arise from real, personal or mixed prop- 


SCHOOLS. 


685 


erty in The City of Louisville, which from alienage, defect of heirs, or failure 
of kindred capable in law to take the same, shall escheat to the common- 
wealth of Kentucky, is vested in the Board of Trustees for the use and bene- 
fit of the University and public schools of Louisville, and the said City, by 
the Mayor thereof, or such officer as the General Council may appoint for 
that purpose, shall enter upon and take possession of any and all such property, 
or in its corporate name sue for and recover the same, or any chose-in-action 
or credit of such decedent, and reduce the entire estate in possession as afore- 
said, without office found.” By the act approved February 8, 1861, it is pro- 
vided that “ whatever may arise in cases of escheat shall be vested in the 
Board of Trustees for the use and benefit of the Male High School, the Fe- 
male High School, and the Public Schools of Louisville, and said Board of 
Trustees, by the president thereof instead of the Mayor, or such officer as the 
General Council may appoint, as provided by the act of 1851, is authorized 
to take possession of such property, and to sue for and recover the same.” 
As it is shown that Thompson, at the time of his death, was a resident 
of The City of Louisville, and that all of his property was in that City, 
except the small amount he had with him at the time of his visit to 
the County of Trimble, there can be no question but that the money 
paid into the treasury of the commonwealth in 1859 “was vested in 
the Board of Trustees for the use and benefit of the University and public 
schools of Louisville,” and that The City, by the Mayor thereof, or an 
officer appointed by the General Council for the purpose, then had the right 
to take possession of or to sue for and recover the same. By the act of 1861, 
the power to take possession of and to sue for and recover such estates was 
transferred from the Mayor and General Council to the Board of Trustees, 
created by the act of a corporation. But no change was made in respect to 
the title, or the purpose declared in the act of 1851 to vest escheated property 
in The City of Louisville in the Board of Trustees for the use and benefit of 
the public schools there. It follows, therefore, that appellants are proper 
parties plaintiffs, if the proceeding can be maintained at all. By Section 6, 
Article 5, Chapter 36, General Statutes, it is provided that the net proceeds 
of any estate embraced in that Chapter, which may be paid into the treasury, 
shall be reimbursed to the proper owner, who had not before asserted claim 
thereto, by petition or otherwise, upon his producing to the Auditor evidence 
of the justice of his claim, certified to be competent by a majority of the 
Judges of the Court of Appeals. A similar provision was contained in the 
Revised Statutes. There is nothing in the Section referred to that confines 
its operation to cases of individual ownership of escheated estates improperly 
paid into the treasury, or that excludes the plaintiffs in this proceeding from 
asserting and maintaining their claim to the fund in the manner that has 
been done. Appellants being the proper owners of the fund, and entitled 
thereto, as in our opinion is satisfactorily shown by the record, the law re- 
quired the Auditor, upon the production of the evidence of the justice of the 
claim, to issue his warrant upon the treasury for the amount, provided it was 
not barred by limitation. And the Auditor having refused to issue his war- 
rant, as enjoined by law in such cases, the proceeding by appellants to obtain 
a writ of mandamus, commanding him to do so, was properly instituted, and 
is maintainable-—Dumi v. Harry, 7? Mo., 443; Lindsey v. Auditor, 3 Bush, 
233; Auditor v. Adams, 13 B. M., 150; Haley v. Auditor, 4 Bush, 490. The 


686 


SCHOOLS. 


only question, therefore, left to be determined, is whether the statute of limi- 
tation is applicable, and’can be pleaded and relied upon in such cases. That 
no laches is to be imputed to the common wealth, and against itnotime runs so as 
to bar its rights, unless so provided by express statutory enactment, is well 
settled, and consequently the statute of limitations can not be pleaded in bar 
of recovery by the commonwealth unless specially provided by law. Under 
the Constitution, suits may be brought against the commonwealth only when 
the General Assembly may direct by law in what manner and in what courts 
they are to be brought. As, in order to authorize a suit to be brought against 
the commonwealth, the General Assembly, under the Constitution, must direct 
by law,in what manner and in what courts they shall, in each case, or class 
of cases, be brought, it is manifest it was not the intention of the legislature 
to make “limitation of actions,” provided for in Chapter 71, General Statutes, 
applicable to suits brought against the commonwealth, any more than to 
suits brought by the commonwealth; that the General Assembly should, in 
its discretion, in each case, or in such cases, where suits against the common- 
wealth are authorized, prescribe the limitation of time for bringing them. 
The right to institute the proceeding in this case is conferred by law, but the 
General Assembly did not deem it proper to prescribe a limitation within 
which it should be brought; and in our opinion the statutes of limitation 
can not be pleaded by the Auditor in bar of appellants’ right of recovery. 
Besides, there is another view to be taken of the question that is decisive. By 
various acts of the General Assembly, the public schools of The City of Louis- 
ville are made and considered as parts of the common-school system of the 
State, and as such entitled to the protection and support enjoined by the 
Constitution, and from time to time provided for by legislative enactments. 
The fund sued for, therefore, belongs to one department of the State govern- 
ment, and is in the possession of another department. If, as is clear, appel- 
lants are entitled by law to it, the Auditor has no right to interpose the plea 
of limitation in bar of its recovery, in the absence of an express provision of 
law empowering and requiring him to do so; for such proceeding would pre- 
sent the anomaly of the commonwealth pleading limitation against itself.” 


a 


GrAr TE Rex, 


SEWAGE AND DRAINAGE. 


CON TON. S 


1. The City divided into two dis- 
tricts for the purposes of drainage, 
ete. 

2. Theexpenses of making drains, 
bridges, culverts, parks, and pleasure- 
grounds in each district to be assessed 
on taxable property therein. 

8. Ordinances establishing parks 
and pleasure-grounds to be submitted 
to the people of the district after pub- 
lication. 

4. The Council may establish sew- 
age districts with a view to perfecting 
a system of drainage; map thereof. 

5. Taxation of costs of making 
sewers; assessment in each district to 
be kept separate. 

6. How costs of constructing sew- 
ers in Third Street shall be appor- 
tioned. 

7. The Engineer shall estimate 
and apportion the costs in accordance 
with the ordinance. 


8. The provision toapply to sewers 
made the year the ordinance was ap- 
proved. 

9. Connecting drains; application 
therefor tothe Engineer; estimate of 
cost; applicants’ deposit; duplicate 
certificate. 


10. The Engineer to cause such 
drains to be laid and certify the actual 
cost. 


11. Return of balance of deposit. 


12. Competent men to be employed 
by the Engineer and a record of 
drains to be kept. 

13. The private-drain fund not to 
be used for other purposes. 


14. The grades, inclinations, and 
depths of drains to be fixed by the 
Engineer. 

15. A fine provided for casting sub- 
stances into catch-basins and sewers. 


1. Section 11 of the charter of The City of Louisville, 
approved the third of March, 1870, is hereby so amended 
as to read as follows: Third Street is made a line dividing 
the entire City into an.EKastern and Western District for 
the purpose of drainage, building bridges and culverts, 
and providing public parks and pleasure-grounds. 


2. The expense of those in each District shall be as- 
sessed upon the property therein subject to taxation for 
general City purposes, to be levied, assessed, and collected 
as may be provided by ordinance. 


An act to 
amend the 
charter of The 
City of Louis- 
sae BA As. Nya 
proved Mar. 21, 
1ST Sec. I. 


Id., Section 2. 


688 


SEWAGE AND DRAINAGE. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


An ordinance 
in relation to 
apportioning 
the cost of 
making sewers 
in Third Street. 
Approved 
sept. 419, 1871; 
Sec. 1. 


Id., Section 2. 


Id., Section 8. 


An ordinance 
relating to 
drains. Ap- 
proved June 
29, 1874. Sec- 
tion 1. 


3. But no ordinance for the establishment of any park 
or pleasure-ground shall take effect until it shall have been 
submitted to the qualified voters of the District to be 
taxed therefor, at a general election for City or State offi- 
cers, or at a special election on a day fixed by the General 
Council, and after publication of the ordinance in one or 
more of the daily papers of the largest circulation in said 
City for at least ten days previous to said election, and to 
be voted for by a majority of those voting thereon. 


4. Said Council may lay off The City into as many 
sewage districts as will, in its judgment, provide an effi- 
cient system of drainage, to be gradually progressed with 
from year to year, in carrying out the general plan, and 
shall cause a map thereof to be made, showing all the 
main sewers and the territory drained thereby, and the 
small sewers and the territory drained thereby, so as to 
make a just and equitable system. 


5. And said Council shall assess the cost of said sewers 
on the property in each district subject to taxation for 
City purposes, and the sum so assessed upon each district 
for sewers shall be used solely for the district upon which 
it was levied—not otherwise. 


6. Hereafter, when any sewer may be constructed in 
Third Street, the cost of said sewer shall be apportioned 
to the Eastern and Western Districts, in the proportion 
in which the said Districts are drained by the same. 


7. The City Engineer, in making his estimate of the 
cost of sewers in Third Street, shall make and apportion 
the same in accordance with the provisions of Section 1 
of this ordinance. 


8. The provisions of this ordinance shall apply to such 
sewers in said street as have been constructed this year, 
or are now in process of construction. 


9. Hereafter any person desiring to have a drain con- 
nected with any sewer in The City of Louisville shall 
make application to the City Engineer on a blank form 


SEWAGE AND DRAINAGE. 


furnished by said Engineer. The City Engineer shall 
then furnish an estimate of the cost of said drain, includ- 
ing in said estimate all expenses connected therewith, and 
a liberal margin for all possible contingencies, and the 
applicant shall deposit the amount of said estimate with 
the City Treasurer, who shall furnish him a certificate of 
deposit in duplicate, the original of which shall be re- 
tained by the applicant and the duplicate filed with the 
City Engineer. 

10. Upon said duplicate being filed, the City Engineer 
shall have the drain laid from the sewer to the property- 
line of the party applying therefor, and at the end of the 
current month shall certify to the applicant the actual 
cost of said drain. 

11. The Treasurer, upon presentation of this certificate 
jast named, shall refund to the applicant the excess of 
the estimated cost over the actual cost, taking up the cer- 
tificate of deposit and giving the applicant a receipt for 
the amount of the actual cost. 


12. To enable the City Engineer to carry out the pro- 
visions of Section 1 of this ordinance, he is hereby author- 
ized to employ in the force of the Street Supervisor men 
competent to do such work, and he shall keep a record of 
all the transactions connected with the laying of drains. 


13. The money received by the Treasurer for the laying 
of drains shall be credited to the account of private drains, 
and shall be used to pay off all liabilities incurred for lay- 
ing drains, and for no other purpose. 

14, The City Engineer is hereby empowered to fix the 
grades, inclinations, and depths of all drains within the 
limits of the street or other public way.? 


1Tn an action against a city claiming damage for the overflow from a ditch, 

the allegation that it is the duty of the defendant to keep the ditch in repair 

is a mere conclusion of the pleader; the bare fact that the ditch is within the 

corporate limits of the city imposes no obligation to keep it in repair, as it 

may be on private property, and not under the control of the city.—City of 

Owensboro v. McAllister, decided by the Superior Court, January 31, 1883, unre- 
ported. 
4t 


689 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


~ 690 


An ordinance 
to protect the 
sewers of The 
City of Louis- 
ville. A>p- 
proved August 
18, 1874. 


SEWAGE AND DRAINAGE. ‘ 


15, It shall be unlawful for any person to place or throw 
any dead animal or other substance in or near any catch- 
basin or sewer, whereby the flow of water through any 
sewer may become obstructed. Any person violating this 
ordinance shall be fined not less than ten nor more than 
twenty dollars for each offense. 


Bas" See CONDEMNATION—ConTRACTS—CourRTsS oF LAw—ENGINEER— 
FEDERAL RELATIONS—FiInES AND MISDEMEANORS— PUBLIC WaAys— 
STREET IMPROVEMENT— W ATER. 


GEA TER: Xx ITT. 


SINKING FUND. 


6-045, T BN TS. 


1. The resources of the Sinking 
Fund not to be diminished by the 
General Council. 


2. “The Commissioners of The 
Sinking Fund of The City of Louis- 
ville” established as a distinct cor- 
poration. 

3. Powers in general. 

4. Terms of office. 

5. Eligibility and qualification. 

6. Former provision for the office 
of Treasurer. 

7. Orders upon the Sinking Fund. 

8. Former provision for the office 
of Secretary. 


9. Control of the funds and re- 
sponsibility therefor; disbursement 
and investment. 


10. Statements and reports. 


11. Removal of Commissioners for 
malfeasance or misfeasance. 


12. Penalty for embezzlement. 


18. Compensation of the Commis- 
sioners und Treasurer. 


14. The resources of the Sinking 
Fund; their management and con- 
trol; restrictions as to charges upon 
the Fund. 


15. Improvement of property the 
income of which has been set apart 
for the Sinking Fund. 

16. Deposits and loans. 

17. Commissioners shall not trade 
or speculate in City bonds. 

18. Control of licenses and other 
special taxes. 

19. Secretary and other officers 
and their compensation. 


20. Salaries chargeable to the 
Fund; how orders are to be drawn. 
21. The corporation continued. 

22. Election and terms of office of 
Commissioners. 
23. Vacancies in office. 


24. Oath of Commissioners and the 
Treasurer. 

25. The City’s stock in the Water 
Company and an annual tax for City 
purposes added to the Sinking-Fund 
resources. 

26. The “Sinking-Fund Tax” pro- 
vided and described. 

27. All City bonds prior to July 
1, 1869, made chargeable to the Sink- 
ing Fund with one exception. 

28. Object and resources of the 
Sinking Fund. 

29. Treasurer and Secretary to be 
appointed; confirmation, bond, oath, 
term of office, vacancy. 

30. Duties of the Treasurer and 
Secretary. 

31. License Inspectors. 

32. The Fund relieved of certain 
charges. 

33. Suitable offices to be provided 
for the Treasurer and Secretary and 
the Inspectors. 

34. Louisville and Nashville Rail- 
road stock, 

35. The Sinking Fund continued 
as an established corporation. 

36. The stock in the Louisville 
Water Company. 

37. Assistant license inspectors 
may execute process from the Louis- 
ville City Court. 


692 


An 
estab li 


SINKING 


FUND. 


act to 


shthe 


boundaries and 


taxable 
and to 


the charter of 
The City ‘Guak 


limits, 
amend 


Louisville; 
approved Mar. 


9, 1867. 
tion 10. 


Sec- 


38. Regulation of salaries of Sink- 
ing-Fund officers. 


39. Purchase of Water-Company 
stock from The City. 


40. License may be levied on ex- 
press and insurance companies. 


41. Securities purchaseable by the 
Sinking Fund as investment. 


42. Deposits to be made in an in- 
corporated bank. 


43. Annual election of a Commis- 
sioner; filling of vacancies. 


44, Additional back-taxes; when 


the Sinking Fund. 


45. The Commissioners authorized 
to secure the payment of certain City 
bonds by accepting in pledge from 
the L. & N. R. R. Co. certain United 
States bonds. 

46. Amendment. 


47. The stock in the Louisville and 
Nashville Railroad Company, owned 
by The City, authorized to be sold. 

48. Proceeds of sales to be applied 
to payment of the City bonded debt; 
investment. 


49. The express repeal of previous 


collected, to be devoted to the use of | statutes. - 


1. The General Council shall have no power to pass or- 
dinances or resolutions to diminish the present resources 
of the Sinking Fund of said City, as now established, un- 
til the debts of said City, now or hereafter charged or 
chargeable upon said Fund are paid, but may pass laws to 
increase the said resources ; and the whole resources of said 
Fund, from year to year, shall be sacredly set apart and 
applied to the payment of the interest and principal of 
The City’s debts chargeable on said Fund, and to no other 
use or purpose, until the whole of the debts of The City 
are fully paid and satisfied, including the present and 
any future indebtedness of The City. 


2. The Mayor, the president of the Board of Aldermen 
for the time being, and three persons to be chosen by the 
General Council on joint ballot, as hereinafter directed, 
and their successors in office, shall constitute the ‘‘ Com- 
missioners of the Sinking Fund of The City of Louis- 
ville ;’? and by that name shall have corporate powers and 
existence, may sue and be sued, and do and perform all 
things necessary to execute the duties required and pow- 
ers given them by this act. 


3. They shall elect one of their number president of the 
Board, may fill vacancies, have and use a common seal, or 
act without such seal, and pass all necessary and proper 
rules and by-laws for their government and the officers 
and employes of said Board, and for the safety, control, 


SINKING FUND. 


and application of said Sinking Fund, not inconsistent 
with the objects for which said Fund is or was set apart, 
or to this act or the general laws of this State. 


4. The said Commissioners, other than the Mayor and 
president of the Board of Aldermen, shall be chosen for 
the term of three years and until their successors shall 
have qualified, except as herein provided. One of the 
Commissioners chosen at the first election after this act 
goes into effect, shall hold his office for one year, one for 
two years, and the other for three years ; and the General 
Council, at the said first election, shall determine the re- 
spective terms of said Commissioners. 


9. No one, who is either Alderman, Councilman, or offi- 
cer of said City, shall be eligible for said office of Commis- 
sioner, to be elected by the General Council, and who does 
not possess the qualifications required for the office of 
Councilman by the charter of said City. 


6. The Treasurer of said City shall be the Treasurer of 
said Commissioners of the said Fund, and shall have the 
care and safe-keeping of said Fund, and his bond as Treas- 
urer of said City shall bind him and his securities thereto 
for the safe keeping of all money, property, securities, 
bonds, evidences of debt, or other valuable thing belong- 
ing to said Fund which is in his possession or may here- 
after come to his hands or under his control. Zhe said 
Commissioners shall severally execute his covenant, with 
good surety, to be approved by the General Council, to The 
City of Louisville, faithfully to execute the duties re- 
quired by this act, and to account for said Fund which 
may come to his hands or under his control.+ 


7. Orders upon said Fund shall be made bya majority 
of said Board, entered upon the records of their proceed- 
ings of said Board, and a copy thereof certified by the 
secretary of said Board, and signed by the president and 
countersigned by the secretary, and made payable to the 


1 Repealed, see Section 20, post. 


693 


694 


SINKING FUND. 


person or corporation entitled thereto or to the person 
who, by an order of said Board, is authorized to receive 
the amount of such order, to pay any debt or interest 
chargeable upon said fund, payable in another State or 
city in the United States or Europe. 


8. The Treasurer of said City shall be secretary of said 
Board, and shall keep a true and faithful record of its 
proceedings, acts, orders, 4nd doings, which shall be sub- 
ject at all times to the inspection of the Mayor and any 
member or committee of the General Council. The said 
Treasurer and his sureties shall be liable, on his official 
bond, for his acts as secretary of said Board. 


9. The funds, estate, and income belonging now or here- 
after to said Fund, shall be, and is vested in, and be under 
the control and management of said Board of Commis- 
sioners, for the purposes herein declared ; if injured, with- 
held, or abstracted, said Board of Commissioners may sue 
for and recover the same, or any part thereof, in their 
corporate name. The said Commissioners shall apply 
said Fund to the payment of The said City’s debts charge- 
able on the same, when they can do so on fair terms ; but 
whenever there shall be a surplus of said funds, which 
can not be applied on fair terms to the extinguishment of 
the said Habilities of said City, the said Commissioners 
may invest the same in bonds of said City, or for which 
it is bound, or bonds of the State of Kentucky, orin such 
good and solvent stocks as shall be approved by a vote of 
a majority of each Board elect of the General Council, by 
yeas and nays. 


10. The Commissioners shall require monthly detailed 
statements from said Treasurer of the condition of said. 
funds, which said Commissioners shall be cause to trans- 
mitted each month to the Board of Common Council- 
men, and on the first Monday in January of each year 
the Treasurer shall furnish to the General Council a full 
detailed statement of the said funds, its receipts and dis- 
bursements for the preceding year, and shall exhibit to 


SINKING FUND. 695 


the General Council the evidences of payment made by 
the orders of said Commissioners out of said Fund. 


11. The said Commissioners may be removed from office 
for malfeasance or misfeasance by the Board of Common 
Council, on charges preferred by the Board of Aldermen, 
in the same manner the Mayor is subject to removal by 
the Board of Aldermen. 


12. Any person having charge, control, or possession of 
the said Sinking Fund, or any part thereof, or any of its 
property, money, or evidences of property or stocks, or 
other valuable thing, who shall willfully embezzle or mis- 
apply the same, or any part thereof, shall be deemed guilty 
of felony, and on conviction thereof shall be confined in 
the jail and penitentiary of this State not less than one 
or more than twenty years, at the discretion of a jury. 


13. The General Council may, by ordinance, allow a 
fair and reasonable compensation to said Commissioners 
the Mayor excepted, who shall not receive any additiona 
compensation beyond his salary as Mayor; and said 
Treasurer may be allowed by the General Council addi 
tional pay for the services required of him by this act. 


14. All the resources, taxes, income, and money which an act for 
have been or may hereafter be set apart for the pay- {Pe benelt se 
ment of the interest, or the principal and interest, of the Fund of Louis- 
funded debt of The City of Louisville, shall be under the aah SE a iee 
control and management of the Commissioners of the 18° See. 1. 
Sinking Fund of said City, and the Treasurer of The City 
shall place the same to the credit of said Commissioners 
whenever received ; the said Commissioners shall keep a 
separate account of the resources, taxes, income, and 
money which has been set apart for the payment of the 
interest, or principal and interest, of the funded debt of 
The City, which is not chargeable to the Sinking Fund, 
and they shall not charge said Sinking Fund with the 
payment of principal or interest of any part of said debt: 

Provided, however, the General Council of said City shall, 
upon the unanimous recommendation of all the acting 


~ 696 


Ia., Section 2. 


Id., Section 3. 


TId., Section 4. 


Id., Section 5. 


SINKING FUND. 


Commissioners, have the right—two thirds of the Council, 
both Boards concurring—to charge said Sinking Fund 
with the payment of principal and interest, or either of 
any part of the funded debt of The City. 


15. The General Council of The City of Louisville may, 
by ordinance, authorize or direct the repairing or improve- 
ment of any property, the income of which has been set 
apart to the Sinking Fund: Provided, however, the Coun- 
cil shall have no authority to charge said Fund in any one 
year in a sum exceeding twenty per cent. of the net in- 
come of the Fund, excluding investments, for that year. 
The sums thus charged shall be audited and paid by the 
Commissioners as provided herein. 


16. The Commissioners shall deposit the money to their 
credit as provided in the preceding Section, or which be- 
longs to the Sinking Fund, in some one of the incorpor- 
ated banks doing business in The City of Louisville, which 
has a paid-in capital of at least $ , on such terms as 
may be agreed upon, and they shall require such security 
therefor as will insure its safe keeping. They may make 
temporary loans to The City of Louisville not exceeding 
fifty thousand dollars in any one year, but to no other per- 
son or corporation. 


17. It shall be unlawful for a Commissioner of the Sink- 
ing Fund to trade or speculate in the bonds of The City 
of Louisville, but any Commissioner may hold or sell any 
such bond or bonds as he may own at the time he became 
a Commissioner, and he may purchase such bonds as an 
investment, having first obtained the consent of the Board 
of Commissioners to do so, by resolution entered on their 
record-book. Ifany Commissioner shall violate this Sec- 
ticn, he thereby vacates his office, and it shall be the duty 
of the other Commissioners to elect another person to fill 
the vacancy. 


18. The General Council of Louisville shall have author- 
ity, upon the recommendation of the Commissioners of 
the Sinking Fund, to change or modify the present mode 


SINKING FUND. 


697 


of assessing and collecting license, or other special tax, or 
other incomes belonging to or set apart as a Sinking Fund, 
and may enforce the payment thereof in such manner and 
with such penalties as the Council may deem necessary. 


19. The Commissioners may elect a secretary and such 
other officers as they may deem necessary, and may allow 
and pay out of the Sinking Fund a fair and reasonable 
compensation to their officers and employes. 


20. The Sinking Fund shall be chargeable with the sal- 
aries of the License Inspector, Assistant Inspector, Mar- 
ket- and Wharf-masters, and the Treasurer of the Board. 
The money belonging to the Sinking Fund, or which may 
be [placed] to the credit of the Commissioners of the Sink- 
ing Fund, can only be drawn upon the order of the Treas- 
urer, approved and certified by the President of the Board 
of Sinking Fund. So much of the tenth Section of the 
act entitled ‘‘An act to establish boundaries and taxable 
limits and to amend the charter of The City of Louis- 
ville,’ approved March 9, 1867, as requires the Commis- 
sioners of the Sinking Fund to give a covenant to The 
City of Louisville with approved security, be and is hereby 
repealed. ‘This act takes effect from its passage. 


21. As permitted by an act of the General Assembly of 
the Commonwealth of Kentucky, approved March 9, 1867, 
entitled ‘‘An act to establish the boundaries and taxable 
limits, and to amend the charter of The City of Louis- 
ville,’ the Mayor, the president of the Board of Alder- 
men for the time being, and three persons, to be chosen 
as hereinafter provided by the General Council on joint 
ballot, and their successors in office, shall constitute the 
‘‘Commissioners of the Sinking Fund of The City of 
Louisville,’”? whose powers and duties shall be as pre- 
scribed in the act aforesaid. 


22. The three Commissioners to be first chosen by the 
General Council shall be elected on joint ballot in the 
month of September, 1867; and of the three so elected 
the one receiving the highest number of votes shall hold 


Id., Section 6 


]d., Section 7. 


An ordinance 
concerning the 
Commissioners 
of the Sinking 
Fund of The 
City of Louis- 
vifle. .Ap- 
proved Sept. 9, 
1867. Sec. 1. 


Id., Section 2. - 


~ 698 SINKING FUND. 


office for three years, the next highest for two years, 
and the next for one year, from and next after the 
day of their election, and until his snecessor shall be 
elected and shall qualify. In the event of a tie vote the 
General Council shall then, by ballot, determine the re- 
spective terms for which each is elected ; and in the month 
of September of each year, after the first election, the 
General Council shall, on joint ballot, elect a Commis- 
sioner to fill the place of the one whose term has expired, 
or is about to expire. If the persons or person elected at 
any election shall fail to qualify within ten days next 
after his or their election, he or they so failing shall be re- 
garded as declining to act, and the General Council shall, 
as soon thereafter as practicable, elect, on joint ballot, a 
person to fill the place until the next session, as herein 
provided for. 


23. Should the office of either of the three Commission- 
ers become vacant before the term for which he was elected 
shall expire, or should either of said Commissioners 
elected decline to act, the acting Commissioners shall 
then elect a Commissioner to fill the vacancy. 


Hd, Section 4. Q4@, Each of the Commissioners of the Sinking Fund, 


and the Treasurer of said Commissioners, before entering 
on the discharge of the duties of his office, shall make 
oath well, truly, and faithfully, and according to law, to 
discharge the duties of his office, which oath, being re- 
duced to writing, shall be signed by the affiant and. at- 
tested by the officer who administered the oath, and de- 
livered to the clerk of either Board of the Council, to be 
kept as part of the records of The City. 
An actto 20. There shall be added to the present resources of the 
eee y ae Sinking Fund of said City the stock owned by her in the 
he Sinks Louisville Water-Works Company, also an annual tax of 
City of Louis- forty cents on each one hundred dollars’ worth of such 
Seen eels real and personal property as may be taxed for City pur- 
1869. Sec. 1. poses in said City, to be levied and collected in cash, as 
herein provided. 


if 


SINKING FUND. 


26. The General Council shall, in the month of April 
or May, 1869, and in one of the months in each succeed- 
ing year thereafter, levy a tax of forty cents on each one 
hundred dollars’ worth of such real and personal prop- 
erty as may be taxed for City purposes in said City, which 
shall be styled the ‘‘Sinking-Fund Tax,’ and shall be in 
lieu of all taxes now levied for the payment of the bonded 
debt of The City, other than that required to be levied 
for the payment of the bonds issued to the Elizabethtown 
and Paducah Railroad Company. The tax shall be as- 
sessed, levied, and collected in the same manner and with 
the same penalties as other taxes of The City are assessed, 
levied, and collected. 


27. The bonds of The City now issued or authorized to 
be issued by existing laws, and which may be issued prior 
to the first day of July, 1869, except the bonds issued to 
the Elizabethtown and Paducah Railroad Company, shall 
be a charge on the Sinking Fund. 


28. The Sinking Fund shall be under the control and 
management of the Commissioners of the Sinking Fund, 
and shall be held and sacredly used for the payment of 
the principal and interest of said bonded debt. The re- 
sources of the Sinking Fund shall not be diminished, but 
may be increased by the General Council; nor shall any 
other bonds, nor the interest thereof, be charged upon 
said Fund, unless provisions are made for the payment 
thereof at the time of the charge, sufficient, in the opin- 
ion of the Commissioners, to pay the same. 


29. The Commissioners of the Sinking Fund, a majori- 
ty thereof concurring, shall appoint, at a salary not ex- 
ceeding twenty-five hundred dollars per annwin, a suit- 
able person, who shall act as Treasurer and Secretary of 
the Board and be the Chief License Inspector, who, be- 
fore entering upon his duties, shall be confirmed by the 
Board of Aldermen and shall execute a bond to the Com- 
missioners and their successors, with good and sufficient 
surety, to be approved by them, to faithfully perform his 


699 


Id., Section 2. 


Id., Section 3. 


Id, Section 4. 


Id., Section 5. 


700 


SINKING FUND. 


Td., Section 6 


duties and faithfully account for all moneys, notes, bonds, 
stocks, or other things of value that may come to his 
hands or control, and upon such bonds recovery may be 
had for any breach of the conditions thereof; and said 
Treasurer and Secretary shall take an oath before a prop- 
er officer to faithfully discharge the duties of his office. 
His term of office shall be two years and until his suc- 
cessor is qualified ; and all vacancies occurring during the 
time shall be filled by the appointment of said Commis- 
sioners. 

30. He shall keep a true and correct record of all pro- 
ceedings of the Board of Commissioners, receive and dis- 
burse all moneys by order of the Board, and Keep a true 
and correct account thereof; superintend the issuing of 
licenses and receive the money therefor, and perform all 
other acts required of him by said Board. He shall ac- 
count for all moneys, bonds, stocks, notes, and any other 
thing of value belonging to the Sinking Fund that may 
come to his hands or control; and if he shall appropriate 
to his own use any funds, money, or other property be- 
longing to said Sinking Fund, or shall fail or refuse to 
surrender any books, papers, moneys, bonds, stocks, 
notes, or other thing of value to his successor in office, or 
to any person legally entitled to receive the same, he shall 
be deemed guilty of embezzlement, and be punished as 
provided in Article !2, Chapter 28, of the Revised Stat- 
utes: Provided, however, that the Treasurer of The City 
of Louisville shall not be elected or act as Treasurer and 
Secretary of the Board of Commissioners of the Sinking 
Fund. ; 


31. The Commissioners of the Sinking Fund, a majority 
of them concurring, may appoint as many Assistant In- 
spectors as they may deem necessary for an efficient col- 
lection of licenses, who shall be paid out of the Sinking 
Fund, but none of their salaries shall exceed one thou- 
sand dollars per annum. The appointment of Assistant 


Inspectors shall be contirmed by the Board of Aldermen, 


SINKING FUND. 


and they shall hold their offices for one year and until their 
successors are qualified. Before entering upon their du- 
ties they shall take an oath before a proper officer to faith- 
fully perform their duties, and shall execute bonds to the 
Commissioners of the Sinking Fund, to be approved by 
them, in such an amount as they may require, to faith- 
fully account for all moneys and other valuable things 
that may come to their hands or control, and pay over the 
same; and that they will perform all the duties of their 
office. 


32. The Sinking Fund shall not be liable for any part 
of the salaries of the Mayor, Auditor, Assessor, or City 
Treasurer, and the General Council shall have no power 
to appropriate in any one year for the repairs and im- 
provement of property belonging to the Sinking Fund an 
amount which shall exceed fifteen per cent. of the net an- 
nual income arising from wharves, market-houses, and 
licenses, The net income arising from such sources for 
the preceding year shall be the criterion for ascertaining 
said per centum. Neither the property nor the income 
belonging to the Sinking Fund shall be assessed for City 
taxation. | 


33. The Commissioners of the Sinking Fund may pro- 
vide suitable offices for the Treasurer and License Inspect- 
ors, and pay for the same out of the income of the Sink- 
ing Fund. 


34, The Sinking Fund shall be entitled to the unclaimed 
stock subscribed and paid for by The City, of the Louis- 
ville and Nashville Railroad Company prior to January, 
1864, subject to the right of the holders of the tax-receipts 
to claim the same within one year from the passage of this 
act,eafter which time their right shall be barred. 


35. The Sinking Fund to pay the bonded debt of The 
City is hereby continued as now established by law. 


36. The Commissioners of the Sinking Fund of said 
City shall have the power to purchase from The City of 
Louisville, or individuals holding the same, the certifi- 


TOL 


Id., Section 7. 


Td., Section 8. 


Id., Section 9. 


The charter, 
act of Mar. 3, 
1870. Sec. 96. 


An act to 
amend an act 
establishing a 
new charter for 


702 


The City of 
Louisville, ap- 
proved March 
3, 1870. <Ap- 
proved Marc 
$, 1871. Sec.9, 


An act to 
further incre’se 
the resources 
of the Sinking 
Gere oes Beer Ny eke 
proved March 
21, 1871. Sec- 
tion 1. 


Td., Section 2. 


Id., Section 3. 


Id., Section 4.° 


Id., Section 5. 


SINKING FUND. 


cates of stock held by said City or said individuals in the 
Louisville Water Company, and when so purchased shall 
be held by said Commissioners as part of the Sinking 
Fund of said City; and that Section 98 of said act be so 
amended as to authorize said City to pay said Water Com- 
pany for all water furnished said City by said Company, 
at the regular prices charged under the contract between 
said City and the Water Company, or under any contract 
hereafter made between said parties in relation thereto, 
as if Section 98 of said charter had not been enacted ; and 
so far as said Section is in conflict with this act the same 
is hereby repealed. 


37. It shall be lawful for warrants and other process, 
issued by the Clerk of the Louisville City Court for a 
violation of license, ordinances, or process in the proceed- 
ings thereunder, to be executed by an assistant license 
inspector of said City, and his services thereof shall have 
the same effect as if done by the Marshal of said Court ; 
and it shall be the duty of said Clerk to issue such pro- 
cess directed to an assistant license inspector whenever 
requested by an assistant inspector to do so. 


38. The Commissioners of the Sinking Fund shall have 
power to regulate the salaries of its officers. 


39. The Commissioners of the Sinking Fund of said City 
be and they are hereby authorized to purchase from The > 
City of Louisville the stock in the Louisville Water Com- 
pany which said City has purchased of individual stock- 
holders, upon such terms as may be agreed upon between 
the parties. | 


40. The General Council of The City of Louisville shall 
have authority to levy and collect a special tax or license 
on express and insurance companies having an office or 
an agency in said City, not exceeding three hundred dol- 
lars per annwm, which shall be paid into. the Sinking 
Fund of said City and become a part thereof. 


41. The Commissioners of the Sinking Fund may, when 
they are unable to purchase the City bonds at a reasonable 


SINKING FUND. 


price, purchase as an investment United States bonds, 
Kentucky State bonds, first-mortgage bonds of Louisville 
and Portland Canal Company, or stock in the Louisville 
Gas Company. 


42. The Commissioners of the Sinking Fund shall de- 
posit the funds in their hands as Commissioners in some 
bank incorporated by the General Assembly of the Com- 
monwealth and doing business in The City of Louisville, 
after the bank selected shall have given a bond of sufficient 
security to secure the said Commissioners the payment of 
all moneys and other things of value deposited by them 
with such bank; and upon such bond recovery may be 
had for any breach of the conditions thereof by suit in 
any court of competent jurisdiction. 


43. The General Council shall, in the month of October 
of each year, elect a Commissioner of the Sinking Fund to 
fill the place of the Commissioner whose term of service 
expires that year. In the event the Council fail to elect 
in that month, then the election shall be made by the Com- 
missioners themselves. Ifa Commissioner shall die, re- 
sign, or from any other cause there shall be a vacancy in 
the office of the Commissioners of the Sinking Fund, the 
same shall be filled by the Board of Commissioners of the 
Sinking Fund at a regular meeting of said Board. 


44. The Sinking Fund of The City of Louisville be and 
is hereby charged with the payment of the floating debt 
of said City, existing on the first day of January, 1882, 
and for the purpose of paying the same the proceeds of 
the taxes assessed and. levied by The City of Louisville 
prior to the year 1882, except the taxes levied for the 
benefit of the public schools and House of Refuge, as the 
same may hereafter be collected, shall be paid into the 
Sinking Fund, and shall be held and applied to the pay- 
ment of the present bonded debt of said City. 


45. The Commissioners of the Sinking Fund of The City 
of Louisville and Louisville and Nashville Railroad Com- 
pany are hereby authorized to enter into an agreement 


703 


Id., Section 6 


Id., Section 7. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. 2A p- 
proved Apr. 1, 
1882. 


An act au- 
thorizing the 
Commissioners 
of the Sinking 


704 


Fund of The 
City of Louis- 
' ville, to secure 
the payment of 
eight hundred 
and fifty City- 
of-Louisville 
coupon bonds, 
by accepting in 
pledge from the 
Louisville & 
Nashville R. R. 
Co. a sufficient 
number of U. 
S. bonds*to 
meet the same, 
principal and 
interest at ma- 
turity.. Ap- 
proved Feb. 1, 
1882. Sec. 1. 


An act to 
amend an act 
authorizing the 
Commissioners 
of the Sinking 
TonG ole he 
City of Louis- 
ville to secure 
the payment of 


eight hundred - 


and fifty City- 
of-Louisville 
coupon bonds, 
by accepting in 
pledge from the 
Louisville & 
Nashville R. R. 
Co. a sufficient 
number of U. 
S. bonds to 
meet the same, 
principal and 
interest at ma- 
turity, approv- 
ed Feb. 1, 1882. 
Approved Mar. 
24, 1882. 


SINKING FUND. 


by which the remaining eight hundred and fifty City-of- 
Louisville coupon bonds issued to the Louisville and Nash- 
ville Railroad Company under a City ordinance, No. 265, 
approved thirteenth day of November, 1855, interest and 
principal, will be secured and paid by a deposit of a suffi- 
cient number of United States bonds with the said Sinking 


Fund to fully meet the interest and discharge the princi-_ 


pal of said bonds at or before their maturity; and upon 
such deposit being made, or upon the payment of said 
eight hundred and fifty coupon bonds, interest and prin- 
cipal aforesaid, the stock issued by said Louisville and 
Nashville Railroad Company on account of the issue of 
said eight hundred and fifty bonds aforesaid, shall be sur- 
rendered to the Louisville and Nashville Railroad Com- 
pany. 


46. Section 1 of an act entitled ‘‘An act authorizing the 
Commissioners of the Sinking Fund of The City of Louis- 
ville to secure the payment of eight hundred and fifty 
City-of-Louisville coupon bonds, by accepting in pledge 


from the Louisville and Nashville Railroad Company a 


sufficient number of United States bonds to meet the 
same, principal and interest, at maturity,’’ approved Feb- 
ruary 1, 1882, is so amended as to authorize the Commis- 
sioners of said Sinking Fund to accept in pledge and as 


security for the payment of interest and principal of the 


said eight hundred and fifty City-of-Louisville coupon 
bonds a deposit of a sufficient number of United States 
bonds, City-of-Louisville bonds, or such other bonds as 
will, in the judgment of said Commissioners, fully meet 
the interest and discharge the principal of said bonds at 
or before their maturity; and upon such deposit being 
made, or upon the payment of said eight hundred and 
fifty coupon bonds, interest and principal aforesaid, the 
stock issued by said Louisville and Nashville Railroad 
Company on account of the issue of said eight hundred 
and fifty bonds aforesaid shall be surrendered to the 
Louisville and Nashville Railroad Company. 


i a i i 


SINKING FUND. 

47. The Commissioners of the Sinking Fund of The City 
of Louisville are hereby authorized by the unanimous vote 
of said Commissioners, in their discretion as to time, 
terms, and quantity, to sell and transfer the whole or any 
part of the nineteen thousand one hundred and thirty-five 
shares of the capital stock of the Louisville and Nash- 
ville Railroad Company issued to The City of Louisville 
by said Railroad Company and now held by said Sinking 
Fund. 


48. The proceeds of all such sales shall be sacredly ap- 
plied to the reduction of the present bonded debt of The 
City of Louisville, and until Louisville City bonds can be 
purchased at reasonable rates, in the discretion of said 
Commissioners of the Sinking Fund, the said proceeds of 
all such sales of the stock aforesaid shall be invested in 
United States bonds. 


49. The second Section of an act entitled ‘‘An act to 
amend the charter of the Louisville and Nashville Rail- 
road Company,’ approved February 10, 1864, so far as 
the same relates to The City of Louisville, and an act en- 
titled an ‘‘Act authorizing the Commissioners of the Sink- 
ing Fund of The City of Louisville to sell, dispose of, and 
transfer the stock of the Louisville and Nashville Rail- 
road Company held by said Commissioners for said City,”’ 
approved April 9, 1880, and all laws in conflict with this 
act, are hereby repealed. 


sG@s"See FinancE—GAas—GENERAL CouNnciLt—LIcENSE—RAILROADS— 
RAILWAYS—LAXATION— W ATER. 


45 


TOD 


An act au- 
thorizing the 
Commissioners 
of the Sinking 
Fund of The 
City of Louis- 
ville to sell cer- 
tain stock in 
the L. & N. R. 
R. Co. issued to 
The City of 
Louisville by 
said Railroad 
Company, and 
to repeal all 
other laws on 
the subject. 
Approved Feb. 
1, 1882. Sec- 
onl: 


Id., Section 2. 


Yy 


Id., Section 3. 


CHAPTER XLIV. 


STREET IMPROVEMENT. 


CONST I Ness 


1. The construction and recon- 
struction of sidewalks. 
2. Grading. 
3. Curbing and curbstones. 
4. Brick pavement. 
5. Drainage from house-pipes and 
water-ways. 
6. Pavement for vehicles. 
7. Repaving. 
8. Recurbing. 
9. Rule governing the contractor. 
10. Forfeiture of contract; exten- 
sion of time. 


11. There can be no constructive 
acceptance of work by the Council. 


12. Contractor to furnish list of 
ownérs for apportionment. 


13. Repairs for six months to be at 
the contractor’s expense. 


14. The manner of improving 
streets with Wyckoff pavement. 


15. Grading. 

16. Preparation of the road-bed. 

17. Curbing. 

18. Gravel. 

19. Flooring. 

20. Pavement. 

21. Inspection. 

22. Old materials. 

23. Rule governing the contractor. 

24. Failure to complete work and 
extension of time. 


25. The work to be received by 
resolution of the Council. 


26. Apportionment and property- 
list. 


27. Repairs of the first six monthse 


28. The manner. of improving 
streets with Locust-block or other 
wooden-block pavement under the 
Phillips plan. 

29. Grading. 

80. Preparation of the road-bed. 

31. Curbing. 

32. Pavement. 

33. Inspection. ™ 

34. Old materials. 

30. Rule governing the contractor. 

36. Failure to complete work and 
the extension of time. 

37. Work to be received by resolu- 
tion of the Council. 

38. Apportionment and property 
list. 

39. First six months’ repairs. 

40. The manner of improving gide- 


walks with the senior see 


pavement. 

41. Grading. 

42. Curbing. 

43. Recurbing. 

44, Materials of the composition 
used and manner of laying the same. 

45. The spreading and rolling: of 
materials. 

46. Iron gutters for house-drains. 

47. Roadways for vehicles. 

48, Failure to complete work and 
the extension of time. 

49. Work to be received by Coun- 
cil resolution. 

50. Apportionment, plat and pro- 
perty-list. 


STREET IMPROVEMENT. 


51. The first six months’ repairs. 


52. The manner of improving 
streets with asphaltic metal pave- 
ment. ‘SS esecnssentensteeesestsn one Oni 


53. Grading. 

54, Preparation of the road-bed. 
55. Curbing; old materials. 

56. Foundation. 

57. Intermediate layer. 

58. Surface layer. 

59. Inspection. 

60. Rules governing the contractor. 


61. The manner of improving 
streets with Higdon’s improved block- 
stone pavement. 

62. Grading. 

63. Preparation of the road-bed. 

64. Curbing; old materials. 

65. Foundation. 

66. Gravel. 

67. Pavement blocks. 

68. Inspection. 

69. Rules governing the contractor. 
70. The manner of improving al- 


71. Grading. . 

72. Paving of the carriage-way. 
73. Paving with block-stone. 

74, Paving with Macadam pave- 


75. Curbs. 

76. Gutters. 

77. Bowlder paving. 

78. Materials. 

79. Inspection. 

80. Requirements as to materials. 
81. Rules governing the contractor. 


82. Repairs during the first six 
months. 


83. Apportionment and property- 
list. 


84. The manner of improving 
streets with Macadam pavement. 


85. Grading. 

86. Preparation of the road-bed. 
’ 87. Curbing. 

88. Gutters. 

89. Footway crossings. 


90. Street paving. 

91. Old materials. 

92. Materials and inspection. 

93. Rules governing the contractor. 


94. Work to be received by Coun- 
cil resolution. 


95. First six months’ repairs. 
96. Inspection. 


97. The manner of improving 
streets with bowlder pavement. 


98. Grading. 

99. Preparation of the road-bed. 
100. Curbing. 

101. Gutters. 

102. Footway crossings. 

103. Bowlders. 

104. 
105. 


Curbing along railroad tracks. 
Old materials. 

106. Inspection. 

107. Rules 
tractor. 
108. Apportionment and property- 
list. 

109. Top covering. 


110. Repairs of the first twelve 
months. 


111. The manner of improving 
streets with granite blocks. 


governing the con- 


112. Description of the material. 
1138. 
114. 
115. 
116. 
117. 
118. 
119. 
120. 
121. 
122. Rules 
tractor. 


123. Work to be received by Coun- 
cil resolution. 


Footway stones. 
Manhole heads, ete. 
Curbs and gutters. 
Preparation of the road-bed. 
Laying the pavement. 
Laying the footway stones. 
Old materials. 

Clearing up. 

Materials and inspection. 
the 


governing con- 


124. Repairs of the first six months. 


125. Inspection. 
126. The manner ot constructing 
flagstone gutters and curbing with 
concrete foundations, according to 
Timmons’ patent. 


1, Unless otherwise provided by the ordinance direct- 
ng the work to be done, the grading, curbing, and paving, 


General or- 
dinance con- 
cerning the im- 
provement of 
sidewalks. Ap- 
proved May 5, 
1870. 


708 


Id., Section 1. 


Id., Section 2. 


STREET IMPROVEMENT. 


and furnishing with metal gutters, or the regrading, re- 
curbing, and repaving, and refurnishing with metal gut- 
ters, of any sidewalk or portion thereof which the General 


- Council may order to be so improved, shall be executed 


as follows: 


2. The grading shall agree with the pitch and grade of 
the sidewalk, with a sufficient depth below the curb to 
admit the sand or fine gravel and brick pavement being 
properly placed. Where there is embankment the sides 
shall be sloped as much as may be necessary to sustain 
the pavement in its position. 


3. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb-stones 
six inches in width, and each stone shall be at least five feet 
in length. When the bottom of a gutter is twelve inches 
or less below the top of the curb-stone, the depth of the 
curb-stones shall be at least twenty inches; and in no case 
shall a curb-stone be of less depth than the gutter-paving 
alongside; and when the gutter-stones are over twelve 
inches below the top of the curb-stones, the latter shall be 
at least twenty-two inches in average depth. Curb-stones 
twenty-one inches in depth and under shall have a full, 
square joint, not less than twelve inches deep, and all over 
twenty-one inches in depth shall havea full, square joint on 
the ends of one inch additional depth for every additional 
inch in depth of the gutter over twelve inches. ‘The curb- 
stones shall be cut with a draft around the top, face, and 
back, and the exposed top and front faces shall be neatly 
dressed by bush-hammer to an even, regular face, the up- 
per face to have the same bevel as the sidewalk—the front 
face to be cut not less than ten inches deep, and the back 
not less than three inches from the top. The remainder 
of the front face shall be scabbled or dressed evenly from 
the bush-hammer work to the bottom, to admit a close 
joint with the shoulder-pavement. Curb-stones shall be 
of good, hard, sound limestone, free from flaws, dry- 
seams, or cracks. The corner curb-stones at the intersec- 
tion of streets shall have a top face of the fourth of a 


STREET IMPROVEMENT. 


circle of twenty-four inches radius, dressed to bevel with 
the sidewalk—the front face, back, and joints to agree 
with the adjoining curb. All curb-stones to be laid true 
to line and grade, and the joints well filled and pointed 
with cement mortar. The space between the curb and 
excavation shall be filled with clay or such other material 
as the Engineer may direct, according to local conditions, 
and the filling shall be well rammed. 


709 


4. The brick pavement shall be formed of good, sound, Jd., Section 3. 


hard-burned, well-formed, whole paving-brick, and laid 
on a bed of sharp sand or fine gravel four inches in depth. 
The pavement shall be laid with the usual bond (herring 
bone), and properly fitted to the fixtures in the sidewalk. 
When laid and inspected the pavement shall be covered 
with sharp sand or fine gravel. No broken, irregularly 
formed, or soft brick shall be used. The pitch of the side- 


walk, when finished, shall be three eighths of an inch to 


one foot, the outer edge being raised one-half inch above 
thelevel ofthe curb. The clippings next the curb or street- 
line shall be carefully and neatly done. 


9. All drainage from house-pipes and water-ways shall Id, Section 4. 


be by covered iron gutters of approved pattern, properly 
set upon a bed of gravel six inches in depth. Their top 
or cover shall be on a level with the top surface of the 
pavement, and securely fastened. Brick drains of suit- 
able size, covered with iron plates, shall be put in when 
required for large or alley drainage. 


6. All sidewalks in front of the property of any person Wd., Section 5. 


or persons, whose business necessitates the crossing there- 
of with wheeled vehicles, shall have a roadway, either of 
bricks placed on edge, or of two rows of stone flagging, 
extending the entire width of the sidewalk, of suitable 
distance apart, or of stone-block pavement. Where flag- 
ging is used, each stone composing the flagging shall be 
not less than four feet long, eighteen inches wide, and ten 
inches deep, and the spaces between the flagging shall be 
paved with brick placed on edge. Where stone-block 
pavement is used, the blocks shall be of the same dimen- 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


STREET IMPROVEMENT. 


sions, and shall be laid as provided for in the general or- 
dinance entitled ‘‘General ordinance concerning the im- 
provement of streets.’’ In all cases provided for in this 
Section the work shall agree with the pitch and grade of 
the adjacent sidewalk. 


7. Inrepaving sidewalks, such old bricks as are suitable 
for paving may be used in repaving in front of the prop- 
erty where they were taken from, and in all cases the old 
material in the sidewalks belongs to and may be claimed 
by the property-owners, provided they are removed by 
them on forty-eight hours’ notice being given in writing 
by the contractor. 


8. Recurbing may also be. done with old or new curb- 
ing. When the old curbstones have been inspected and 
found to fill the requirements of this ordinance in dimen- 
sion and quality, they may be reset in front of the same 
property before which they were originally placed. And 
should they require moving out to make the sidewalk con- 
form to the width required by ordinance, then the trench 
shall be carefully filed with such material as the Engi- 
neer shall approve, and be well rammed and made secure 
and solid before any sand or gravel is placed on it. All 
the joints in the curbing shall be well filled and pointed 
with cement mortar. 


9. The contractor shall prosecute his work in a prompt 
and orderly manner, and, when required by the Engineer, 
shall discharge incompetent employes or workmen. 


10. Should the contractor fail to execute the work in 
the time stipulated, he shall forfeit his contract and be 
entitled to no pay for the work done; but the time fixed 
for its completion may, on the written recommenda- 
tion of the City Engineer, for causes deemed sufficient by 
him, be extended by resolution of the General Council, 
and the receiving and apportioning of the cost of any 
work by the General Council after the time when it should 
have been completed, shall be regarded as an assent to 
the extension of the time named in the contract. 


STREET IMPROVEMENT. 


11. The use of the street, or any part of it, by individ- 
uals or the public, shall not entitle the contractor to pay 
for the work done by him, unless it shall be received by 
resolution of the General Council. 


12. To enable The City to apportion the cost among the 
owners of the ground fronting the improvement, the con- 
tractor shall furnish to the City Engineer a list of the 
names of such owners and a description of the ground 
owned by each, and when said list and description shall 
have been furnished and the work received by the Gene- 
ral Council as completed, The City will apportion the cost 
of it among the owners of the ground fronting the im- 
provement and furnish orders therefor against them re- 
spectively, and subject to the foregoing provisions. 


13. The contractor shall, at his own expense, keep his 
work in good repair during the six months next after its 
reception by the General Council, and should he, in the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary re- 
pairs made at expense of the contractor. 

14, Unless otherwise provided for in the ordinance re- 
quiring the work to be done, the grading, curbing, and 
laying of Wyckoff pavement on any street that may be 
ordered by the General Council shall be done as hereinatf- 
ter provided. 


15. The street surface shall be worked to the grade es- 
tablished by the General Council, and in cross-sections the 
center or crown of the street and the slopes shall be made 
as directed by the City Engineer. From the ground-line 
down to the curbs the surface shall be gradually sloped 
sufficiently in excavation to prevent the earth from inter- 
fering with curb or gutter when laid ; and in embankment 
the sidewalk shall be filled sufficiently to provide a firm 
support for the curb-stones when in position. 


16. After being graded to the required section the road- 
bed shall be prepared for paving by the removal of all 
vegetable or mucky material, quicksand, or any remain- 


711 


Id., Section 10. 


Id., Section 11. 


Id., Section 12. 


An ordinance 
prescribing the 
manner of im- 
proving streets 
with Wyckoff 
pavement. Ap- 
proved Sept. 
LO 1 Sil See. 
tion 1. 


Id., Section 2. 


Id., Section 3. 


712 


Id., Section 4. 


STREET IMPROVEMENT. 


ing soil, to the extent directed by the Engineer, and the 
material removed shall be replaced with gravel, sand, or 
good earth-filling, as directed. Also, in such places as in 
the judgment of the Engineer it may be necessary, the 
road-bed shall be rammed, or shall be rolled with a roller 
of suitable weight, and no paving material shall be put 
down before the graded or rolled surface shall have been 
finally inspected by the Engineer. 


17. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb- 
stones six inches in width, and each stone shall be at least 
five feet in length. Old curb four feet in length, in other 
respects according to ordinance requirements, may be used. 
When the bottom of a gutter is twelve inches or less below 
the top of the curb-stone, the depth of the curb-stones shall 
be at least twenty inches average depth, and in no case 
shall the curb-stone be of less depth than the gutter-pav- 
ing alongside ; and when the gutter-blocks are over twelve. 
inches below the top of the curb-stones the latter shall be 
at least twenty-two inches in average depth. Curb-stones 
twenty-one inches in depth and under shall have a full, 
square joint, not less than twelve inches deep, and all over 
twenty-one inches in depth shall have a full, square joint 
on the ends, of one inch additional depth for every addi- 
tional inch in the depth of the gutter over twelve inches. 
The curb-stones shall be cut with a draft around the top, 
face, and back, and the exposed top and front faces shall 
be neatly dressed by bush-hammer to an even, regular 
face; the upper face to have same bevel as the sidewalk ; 
the front face to be cut not less than ten inches from the 
top. The remainder of the front face shall be scabbled, 
or dressed evenly from the bush-hammered work to the 


' bottom, to admit of a close joint with the shoulder pave- 
ment. Curb-stones shall be of good, hard, sound lime- 


stone, free from flaws, dry-seams, or cracks. The corner 
curb-stones at the intersection of streets shall have a top 
face of the fourth of 2 circle of twenty-four inches radius, 
dressed to bevel with the sidewalk—the front face, back, 


STREET IMPROVEMENT. 


and joints to agree with the adjoining curb. All curb- 
stones shall be laid true to line and grade, and the joints 
well filled and pointed with cement-mortar. The space 
between the curb and excavation shall be filled with clay 
or such other material as the Engineer may direct, ac- 
cording to local conditions, and the filling shall be well 
rammed. 


18. When the road-bed is properly prepared, inspected, 
and approved by the engineer in charge, unless otherwise 
ordered, a bed of good, sharp, fine gravel or gravel-sand 
shall be laid upon it, and shall be smoothly rounded to 
the shape of the street. In the gravel used no stone shall 
be of larger diameter than one half inch. 


19. Upon this fine gravel or sand there shall be laid a 
flooring of sound, dry, common boards, as directed by the 
City Engineer, one inch thick, laid close together, run- 
ning in courses lengthwise of the street. The boards shall 
be dipped thoroughly in hot coal-tar, when necessary, 
brought to a proper consistency with pitch, so as to be 
tough, and not brittle, when cool. The ends of the floor- 
ing shall be squared, and shall rest on stringers of the 
same material, placed transversely with the flooring, and 
be at least ten inches in width, the joints to be broken, 
when required by the Engineer, on alternate stringers, the 
whole to be laid evenly and smoothly to the proper camber 
and grade. 


20. On this flooring shall be set or laid, in an upright 


713 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


posture, blocks of sound, dry wood, free from sap, loose - 


or rotten knots, and all other defects, the particular kind 
and quality of wood to be first approved by the City En- 
gineer. The paving-blocks shall be of split wood, irregu- 
lar in shape, and of sufficient size, and so placed with re- 
gard to openings as to accommodate the foothold of 
horses. These blocks shall be well dipped in boiling tar, 
and the flooring-boards shall be mopped with a coat of 
hot tar, care being taken to make a perfectly even surface. 
Upon the flooring-boards so prepared the tarred blocks 


714 


STREET IMPROVEMENT. 


shall be set up endwise, side by side, and saw-dust, tan- 
bark, or any other fibrous material shall be put in the 
crevices to one inch in depth, for a perfect packing around 
the blocks, to prevent the gravel working under. The re- 
maining spaces will then be filled with gravel and with 
hot var poured over all. The whole pavement-surface 
shall be finally covered with tar, gravel, and sand, which 
may be left until thoroughly packed in the openings, and 
to form a hard, smooth surface. After a sufficient time, 
in the judgment of the City Engineer, to secure this ob- 
ject, the gravel and sand may be swept off the surface. 
Or in leu of flooring-boards and paving-blocks dipped in 
tar, as hereinbefore stated, there may be used flooring- 
boards and paving-blocks preserved by the Robbins or 
other wood-preserving process, to be specially named in 
the ordinance providing therefor. Each end of the work 
shall be secured with a wooden curb, prepared in the same 
manner with the residue of the timber, as above specified, 
and this curb shall be at least three inches in thickness, 
and of such depth as may be required, in the judgment 
of the Engineer, to secure the work. Should locust-wood 
be selected and named in the special ordinance directing 
the work, such locust-wood paving-blocks may be laid 
down without tar-dipping or other wood-preserving prepa- 
ration, but the flooring-boards shall be prepared as herein- 
before provided. All coal-tar used in the work shall be 
pure, and when, in the judgment of the Engineer, itis not 
so considered, it shall be boiled down and so thickened 
with pitch as to be tough and fibrous when. cool, and not 
brittle, even in cold weather. It is to be applied hot and 
in such quantities as will thoroughly penetrate and fill all 
the joints. The quantity used in each square yard will 
be not less than three gallons, and in all cases will be suffi- 
cient to fill the spaces between the paving-blocks. The 
whole surface of the pavement, as rapidly as the same 
shall be completed, shall be covered with hot coal-tar, pre- 
pared as above specified, and immediately coated with 
fine sand and gravel, mixed in about equal proportions, 
and not less than three fourths of an inch thick. 


STREET IMPROVEMENT. 


715 


21. Every required facility shall be afforded and sup- 
plied by the contractor for a thorough inspection of the 
work and all materials used, both during the progress of 
the work and after completion. On any dav appointed, 
and before the commencement of the pavement-work 
proper, all the flooring and block-material required for 
each half square of Wyckoff pavement shall be delivered 
on the site of the work, and either piled or turned over 
by the contractor’s force for inspection. After the inspec- 
tion the contractor shall at once remove from the ground, 
in the presence of the Engineer or his representative, all 
rejected material, and shall afteward replace the same, 
giving to the Engineer sufficient notice for reinspection 
before the material is wanted for work. 


22. All old materials from old streets which it becomes 
necessary to remove from the surface of the street, in the 
course of the work, shall be the property of the contractor, 
and the same shall be immediately removed from the site 
of the work. AI] surplus materials, earth, sand, rubbish, 
and refuse, are to be removed from the site of the work as 
rapidly as the work progresses. At such time as the En- 
gineer may direct the covering sand shall be swept into 
heaps and immediately removed from the site of the work. 


23. The contractor shall prosecute his work in a prompt 
and orderly manner, and when required by the Engineer 
shall discharge incompetent employes or workmen. 


24. Should the contractor fail to execute his work in 
the time stipulated he shall forfeit his contract, and be 
entitled to no pay for the work done; but the time fixed 
for its completion may, on the written recommendation of 
the City Engineer, for causes deemed sufficient by him, 
be extended by resolution of the General Council, and the 
receiving and apportioning of the cost of any work by 
the General Council after the time when it should have 
been completed shall be regarded as an assent to the ex- 
tension of the time named in the contract. 


20. The use of the street, or any part of it, by individ- 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


716 


STREET IMPROVEMENT. 


Id., Section 12. 


Id., Section 18. 


An ordinance 
prescribing the 
manner of im- 
proving streets 
with the locust- 
bloek or other 
wooden-b lock 
pavement un- 
der the Phillips 

plan. Approv- 
ed Sept. 30, 
1871. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


uals or the public, shall not entitle the contractor to pay 
for the work done by him unless it shall be received by 
resolution of the General Council. 


26. To enable The City to apportion the cost among the 


owners of ground liable for the cost of the improvement, 


the contractor shall furnish the City Engineer a list of the 
names of such owners and a description of the ground 
owned by each; and when said lst and description shall 
have been furnished, and the work received by the Gene- 
ral Council as completed, The City will apportion the cost 
of it among the owners of ground liable for the improve- 
ment, and furnish orders therefor against them respec- 
tively and subject to the foregoing provisions. 


27. The contractor shall, at his own expense, keep his 
work in good repair during the six months next after its 
reception by the General Council; and should he, in ‘the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary re- 
pairs made at the expense of the contractor. 


28. Unless otherwise provided for in the ordinance re- 
quiring the work to be done, the grading, curbing, and 
laying of locust-block pavement on any street that may 
be ordered by the General Council shall be done as here- 
inafter provided. : 

29. The street surface shall be worked to the grade es- 
tablished by the General Council, and in cross-sections 
the center or crown of the street and the slopes shall be 
as may be directed by the City Engineer. From the 
eround-line down to the curbs the surface shall be gradu- 
ally sloped sufficiently in excavation to prevent the earth 
from interfering with curb or gutter when laid, and in em- 
bankment the sidewalk shall be filled sufficiently to pro- 
vide a firm support for the curb-stones when in position. 


30. After being graded to the required section the road- 
bed shall be prepared for paving by the removal of all 
vegetable or mucky material, quicksand, or any remain- 
ing soil, to the extent directed by the Engineer, and the 


STREET IMPROVEMENT. 


T17 


material removed shall be replaced with gravel, sand, or 
good earth filling, as directed. Also, in such places as in 
the:judgment of the Engineer it may be necessary, the 
road-bed shall be rammed, or shall be rolled with a roller 
of suitable weight, and no paving material shall be put 
down before the graded or rolled surface shall have been 
finally inspected by the Engineer. 


31. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb- 
stones six inches in width, and each stone shall be at least 
five feet in length ; but in resetting old curb, stones four 
feet in length, otherwise suitable, may be used. When 
the bottom of a gutter is twelve inches or less below the 
top of the curb-stone the depth of the curb-stones shall 
be at least twenty inches average depth, and in no case 
shall the curb-stone be of less depth than tlfe gutter-pav- 
ing alongside; and when the gutter-blocks are over twelve 
inches below the top of the curb-stones the latter shall be 
at least twenty-two inches in average depth. Curb-stones 
twenty-one inches in depth and under shall have a full 
square joint not less than twelve inches deep, and all 
over twenty-one inches in depth shall have a full square 
joint on the ends of one inch additional depth for every 
additional inch in the depth of the gutter over twelve 
inches. The curb-stones shall be cut with a draft around 
the top, face, and back, and the exposed top and front 
faces shall be neatly dressed by bush-hammer to an 
even, regular face; the upper face to have same bevel as 
the sidewalk; the front face to be cut not less than ten 
inches from the top. The remainder of the front face 
shall be scabbled or dressed evenly from the bush-ham- 
mered work to the bottom, to admit of a close joint with 
the shoulder pavement. Curb-stones shall be of good, 
hard, sound limestone, free from flaws, dry seams, or 
cracks. Thecorner curb-stones at the intersection of streets 
shall have a top face of the fourth of a circle of twenty- 
four inches radius, dressed to bevel with the sidewalks ; 
the front face, back, and joints to agree with the adjoin- 


Id., Section 4. 


718 


Id., Section 5. 


STREET IMPROVEMENT. 


ing curb. All curb-stones shall be laid true to line and 
gerade, and the joints well filled and pointed with cement- 
mortar. The space between the curb and excavation shall 
be filled with clay, or such other material as the Engineer 
may direct, according to local conditions ; and the filling 
shall be well rammed. 


32. First—Upon the road-bed prepared as above speci- 
fied there shall be spread from curb to curb an underlay- 
ing of broken stone, not less than six inches nor exceeding 
ten inches in depth, as in the judgment of the Engineer 
the foundation may require. The lower course of stone 
may be rough-broken to the depth of three inches when 
the broken stone course is eight or less, and to the depth 
of four inches where it exceeds. eight inches in depth. 
Above the bottom course the stone shall be ‘‘small- 
broken,”’ or to pass through a two-and-a-half-inch ring, 
when required; and the entire course of broken stone shall 
be spread to the cross-section directed by the City Engi- 
neér, and shall be thoroughly rammed so as to be solid 
and compact throughout when ready for the gravel sur- 
face. A course of gravel four inches deep shall be spread 
over the broken stone course, and its surface shall be 
thoroughly rolled and rammed until it is firm and solid, 
and truly laid to the cross-section directed by the City 
Engineer. Second—After the street has been prepared 
and packed or rammed, as above specified, such additional 
amount of good, coarse, clean gravel shall be put on as 
may be necessary to give the surface the proper form and 
gerade to receive the blocks which are to be placed upon 
it on their ends, as closely as may be, in a manner similar 
to bowlder pavements ; the space between them to be well 
filled with good, clean gravel and rammed, and the whole 
to be covered with one inch of good, coarse, clean gravel, 
after having been thrice rammed. Third—The blocks, 
which must be of good, sound locust, white oak, red cedar, 
or such other wood as may be specified in the ordinance 
ordering the work, shall be six inches in length, and not 


less than three inches nor more than eight inches in diame- 


STREET IMPROVEMENT. 


719 


ter, free from bark, and sawed evenly and squarely on 
their ends. 


33. Every required facility shall be afforded and sup- 
plied by the contractor for a thorough inspection of the 
work and all materials used, both during the progress of 
the work and after completion. On any day appointed, 
and before the commencement of the pavement work 
proper, all the flooring and block material required for 
each half square of locust-block pavement shall be deliv- 
ered on the site of the work, and either piled or turned 
over by the contractor’s force for inspection. After the 
inspection the contractor shall at once remove from the 
eround, in the presence of the Engineer or his representa- 
tive, all rejected material, and shall afterward replace the 
same, giving to the Engineer sufficient notice for reinspec- 
tion before the material is wanted for the work. 


34. All old materials from old streets which it becomes 
necessary to remove from the surface of the street in the 
course of the work shall be the property of the contractor, 
and the same shall be immediately removed from the site 
of the‘work. All surplus materials, earth, sand, rubbish, 
and refuse are to be removed from the site of the work as 
rapidly as the work progresses, or at such time as the 
Engineer may direct. The covering-sand shall be swept 
into heaps and immediately removed from the site of the 
work; and unless this requirement be complied with to 
the satisfaction of the Engineer within forty-eight hours 
after the expiration of the time designated by the City 
Engineer, the work will not be considered finished accord- 
ing to contract. 


39. The contractor shall prosecute his work in a prompt 
and orderly manner, and when required by the Engineer 
shall discharge incompetent employes or workmen. 


36. Should the contractor fail to prosecute his work in 
the time stipulated, he shall forfeit his contract, and be 
entitled to no pay for the work done; but the time fixed 
for its completion may, on the written recommendation 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


720 


STREET IMPROVEMENT. 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


An ordinance 
concerning the 
improvement 
of sidewalks 
with improved 
composition 
pavement. Ap- 
proved May 21, 
1872. 


Id., Section ik 


of the City Engineer, for causes deemed sufficient by him, 
be extended by resolution of the General Council; and 


the receiving and apportioning of the cost of any work by 


the General Council after the time when it should have 
been completed shall be regarded as an assent to the ex- 
tension of the time named in the contract. 


37. The use of the street or any part of it by individ- 
uals or the public shall not entitle the contractor to pay 
for the work done by him unless it shall be received by 
resolution of the General Council. 


38. To enable The City to apportion the cost among the 
owners of ground liable for the cost of improvement, the 
contractor shall furnish the City Engineer a list of the 
names of such owners, and a description of the ground 
owned by each; and when said list and description shall 


have been furnished, and the work received by the Gene- 


ral Council as completed, the City will apportion the cost 
of it among the owners of ground liable for the improve- 
ment, and furnish orders therefor against them respect- 
ively, and subject to the foregoing provisions. 


39. The contractor shall, at his own expense, keep his 
work in good repair during the six months next after its 
reception by the General Council; and should he, in the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary 
repairs made at the expense of the contractor. 


40. Unless otherwise provided by the ordinance direct- 
ing the work to be done, the grading, curbing, and pav- 
ing, and furnishing with metal gutters, or the regrading, 
recurbing, or repaving, and furnishing with metal gutters, 
of any sidewalk or portion thereof which the General 
Council may order to be so improved with improved com- 
position pavement, shall be executed as follows. 


41. The sidewalks shall be graded to such a depth as 
to admit the pavement being laid to the proper grade and 
pitch of the sidewalk. Where there is embankment the 


STREET IMPROVEMENT. 


sides shall be sloped as much as may be necessary to sus- 
tain the pavement in position. 


42. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb-stones 
not less than six inches in width, and each stone shall be 
at least five feet in length. When the bottom of a gutter 
is twelve inches or less below the top of the curb-stone 
the depth of the curb-stones shall be at least twenty 
inches, and in no case shall a curb-stone be of less depth 
than the gutter paving alongside; and when the gutter- 
stones are over twelve inches below the top of the curb- 
stones the latter shall be at least twenty-two inches in 
average depth. Curb-stones twenty-one inches in depth 
and under shall have a full square joint not less than 
twelve inches deep, and all over twenty-one inches in 
depth shall have a full square joint on the ends of one 
inch additional depth for every additional inch in depth 
of the gutter over twelve inches. The curb-stones shall 
be cut with a draft around the top, face, and back, and 
the exposed top and front faces shall be neatly dressed 
by bush-hammer to an even, regular face ; the upper face 
to have the same bevel as the sidewalk ; the front face to 
be cut not less than ten inches deep, and the back not less 
than three inches from the top. The remainder of sthe 
front face shall be scabbled or dressed evenly from the 
bush-hammer work to the bottom, to admit a close joint 
with the shoulder pavement. Curb-stones shall be of 
good, hard, sound limestone, free from flaws, dry seams, 
or cracks. The corner curb-stones at the intersections of 
streets shall have a top face of the fourth of a circle of 
twenty-four inches radius, dressed to bevel with the side- 
walk; the front face, back, and joints to agree with the 
adjoining curb. All curb-stones to be laid true to line 
and grade, and the joints well filled and pointed with 
cement-mortar. The space between the curb and excava- 
tion shall be filled with clay or such other material as the 
Engineer may direct, according to local conditions, and 


the filling shall be well rammed. 
46 


Id., Section 2. 


722 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


STREET IMPROVEMENT. 


43. Recurbing may be done with old or new curb- 
ing. When old curb-stones have been inspected and 
found to fill the requirements of this ordinance in dimen- 
sion and quality, they may be reset in front of the same 
property before which they were originally placed. And 
should they require moving out to make the sidewalk 
conform to the width required by ordinance, then the 
trench shall be carefully filled with such material as the 
Engineer shall approve, and be well rammed and made se- 
cure and solid before any sand or gravel is placed on it. 
All the joints in the curbing shall be well filled and 
pointed with cement-mortar. 


44. The composition pavement shall be composed of 
the following materials, and be laid in two courses, as 
specified below: The bottom course to be composed of 
gravel and coal-tar, thoroughly mixed; the top course is 
to be of gravel, clean, sharp sand, and coal ashes, thor 
oughly mixed with coal-tar, pine tar, or pitch and rosin, 
in the following proportions: For each cubic yard of 
gravel, clean sand and coal ashes is to be added; pitch 
or pine-tar, five gallons; rosin, two gallons; coal-tar, 
thirty gallons. 


45. After the sidewalk has been graded to the proper 
depth it shall, if required by the City Engineer, be rolled 
with a suitable roller until the surface is even, smooth, 
and solid. Upon this graded surface shall be placed a 
layer of sharp sand or gravel from two to four inches in 
thickness, which shall be well rolled. Upon this bed of 
gravel and sand shall be spread a layer of the composi- 
tion pavement two inches in thickness, composed of the 
coarser material, which shall be well rolled until it pre- 
sents an even and smooth surface. Upon this bottom 
course shall be spread a second layer of the fine material, 
care being taken to spread the same evenly, to agree with 
the pitch of the sidewalk. This second layer shall be at 
least one inch in thickness. After the top layer is spread 
it shall be sprinkled with water and a light coating of 


“4 


ain 


STREET IMPROVEMENT. 


clean, sharp sand spread over the surface. It shall then 
be well and thoroughly rolled with a roller of suitable 
weight, and the borders and places next the curb-stones 
or fixtures in the sidewalk shall be tamped and rammed 
until the whole is firm and solid. The pavement shall 
then be allowed a sufficient time until the material is 
thoroughly set before being finished. When the pave- 
ment has become thoroughly set it shall be saturated with 
coal-tar, rosin, and litharge, prepared as follows: For each 
barrel of coal-tar shall be added twenty-five pounds of 
rosin ; after this has been brought to a proper consistency 
by boiling, thirty pounds of litharge shall be added to 
harden the mixture ; the quantity used to be not less than 
one half gallon to the square yard; this mixture to be 
evenly spread with a scraper made of rubber, or a brush 
used for the purpose. After it is thus spread, the sur- 
face of the pavement shall be sprinkled with fine, clean 
sand and cement, in equal proportions, to a sufficient 
depth to prevent the roller sticking to the tar. The pave- 
ment is then to be rolled until the liquid tar is all taken 
up by the sand, after which the pavement is to be covered 
with a light sprinkling of clean, sharp sand. The pave- 
ment when completed is to measure three inches in depth. 


46. All drainage from house-pipes and water-ways shall 
be by covered iron gutters of approved pattern, properly 
set upon a bed of gravel six inches in depth. Their top 
or cover shall be ona level with the top surface of the 
pavement, and securely fastened. 


47. All sidewalks in front of the property of any per- 
son or persons whose business necessitates the crossing 
thereof with wheeled vehicles shall have a roadway either 
of bricks placed on edge, or of two rows of stone flagging 
extending the entire width of the sidewalk, of suitable 
distance apart, or of stone-block pavement. Where flag- 
ging is used, each stone composing the flagging shall be 
not less than four feet long, eighteen inches wide, and ten 
inches deep, and the space between the flagging shall be 
paved with brick placed on edge. Where stone-block 


723 


Id., Section 6. 


Id., Section 7. 


724 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


STREET IMPROVEMENT. 


pavement is used the blocks shall be of the same dimen- 
sions, and shall be laid as provided for in the general 
ordinance entitled ‘‘General ordinance concerning the 
improvement of streets.’ In all cases provided for in this 
Section the work shall agree with the pitch and grade of 
the adjacent sidewalk. 


48. Should the contractor fail to execute the work in 
the time stipulated he shall forfeit his contract, and be 
entitled to no pay for the work done; but the time fixed 
for its completion may, on the written recommendation of 
the City Engineer, for causes deemed sufficient by him, 
be extended by resolution of the General Council; and the 
receiving and apportioning of the cost of any work by the 
General Council after the time when it should have been 
completed shall be regarded as an assent to the extension 
of the time named in the contract. 


49. The use of the street, or any part of it, by indi- 
viduals or the public, shall not entitle the contractor to 
pay for the work done by him, unless it shall be received 
by resolution of the General Council. 


50. To enable The City to apportion the cost among the 
owners of ground fronting the improvement, the City 
Engineer shall furnish the Assessor with a plat showing 
the area to be assessed for the cost of the improvement, 
and the Assessor shall furnish to the City Engineer a list 
of the names of such owners within said area, and a de- 
scription of the ground owned by each; and when said 
list and description shall have been furnished, and the 
work received by the General Council as completed, The 
City will apportion the cost of it among the owners of 
eround fronting the improvement, and furnish orders 
therefor against them respectively and subject to the fore- 
going provisions. 

51. The contractor shall, at his own expense, keep his 
work in good repair during the six months next after its 
reception by the General Council; and should he, in the 
opinion of the City Engineer, be tardy in executing this 


—_- pin) aoe 


~~ ee 


—SeEe Se Se, 


STREET IMPROVEMENT. 


stipulation, the City Engineer may have the necessary 
repairs made at the expense of the contractor. 


52. Unless otherwise provided for in the ordinance re- 
quiring the work to be done, the grading, curbing, and 
laying of the asphaltic metal pavement on any street that 
may be ordered by the General Council shall be done as 
hereinafter provided. 


53. The street surface shall be made to conform to the 
gerade established by the General Council. The rise of 
the center or crown of the street from the gutter shall be 
at a rate not greater than one half inch for every foot it 
is distant from the gutter. It shall be circular in cross- 
section from gutter to gutter. 


54. After being graded to the required section, the 
road-bed shall be prepared by being trimmed to a uniform 
surface, and thorougly rolled with a roller of suitable 


725 


An ordinance 
prescribing the 
manner of im- 
proving streets 
with asphaltic 
metal pave- 
ment. Ap- 
proved Sept. 5, 
1875. “Sec. 1. 
Id., Section 2. 


Id., Section 3. 


weight, and no paving material shall be put down before ~ 


the graded or rolled surface shall have been finally in- 
spected by the Engineer. 


90. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb-stones 
six inches in width, and each stone shall be at least five 
feet in length. When the bottom of the gutter is twelve 
inches or less below the top of the curb-stone, the depth 
of the curb-stone shall average at least twenty inches, and 
in no case shall the curb-stone be of less depth than the 
adjacent gutter paving, and when the gutter is over twelve 
inches below the top of the curb-stones, the latter shall 
be at least twenty-two inches in average depth. Curb- 
stones twenty-one inches in depth and under shall have a 
full square joint, not less than twelve inches deep, and 
all over twenty-one inches in depth shall havea full square 
joint on the ends of one inch additional depth for every 
additional inch in the depth of the gutter over twelve 
inches. The curb-stones shall be cut with a draft around 
the top face, and front face shall be neatly dressed with 
bush-hammer to an even, regular face. The upper face 


Id.. Seetion 4. 


726 


STREET IMPROVEMENT. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


to have the same bend as the sidewalk ; the front face to 
be cut not less than ten inches from the top; the remain- 
der of the front face shall be scabbled, or dressed evenly, 
from the bush-hammer work to the bottom, to admit of 
a close joint with the asphaltic pavement. Curb-stones 
shall be of good, hard, sound limestone, free from flaws, 
dry seams, or cracks. The recurbing in reconstruction 
may be done with old or new curb-stones. When the old 
curbstones have been inspected and found to be four feet 
long, and to fill all the requirements of this ordinance in 
other dimensions and quality, they may be reset in front 
of the same. property before which they were originally 
placed ; and should they require moving out to make the 
the sidewalk conform to the width required by ordinance, 
then the trench shall be carefully filled with such mate- 
rial as the Engineer shall approve, and be well rammed, 
and made secure and solid. All the joints in curbing 
shall be well filled and pointed with cement-mortar, after 


having been set true to a line and grade. 


96. When the road-bed is properly prepared, inspected, 
and. approved by the Engineer in charge, unless otherwise 
ordered, there shall be laid a foundation of good, sound, 
broken stone, to the depth of seven inches, spread to con- 
form to the shape of the street, over which fine gravel or 
sand shall be spread sufficient to fill the lower interstices, 
all of which shall be well rolled with a roller of suitable 
weight. 


57. There shall be laid on the foundation an interme- 
diate layer of coarse gravel or fine broken stone, incorpo- 
rated with asphaltic compound, which asphaltic com- 
pound shall be made of pure asphaltum compounded with 
sulphurated hydro carbon, such intermediate layer to be 
spread to the depth of two inches while in a heated con- 
dition, and well rolled until cold. 


98. On the intermediate layer there shall be laid a sur- 
face or finishing layer of sand and gravel, or fine broken 


stone, incorporated with the asphaltic compound, the 


STREET IMPROVEMENT. 


same as used in the intermediate layer, to a depth of two 
inches, which shall be well rolled under a heavy pressure 
until cold. 


09. Every required facility shall be afforded and sup- 
plied by the contractor for a thorough inspection of the 
work and of all materials used both during the progress 
of the work and after its completion. 


60. The contractor, or his authorized agent, shall be on 
the work during working hours. In the absence of both, 
a written notice served on the foreman shall be considered 
binding on the contractor. He shall afford all required 
facilities for the removing or relaying of gas- and water- 
pipes. He shall prosecute his work in a prompt and or- 
derly manner. 


61. Unless otherwise provided for in the ordinance re- 
quiring the work to be done, the grading, curbing, and 
laying of Higdon’s improved block-stone pavement on 
any street that may be ordered by the General Council 
shall be done as hereinafter provided. 


62. The street-surface shall be made to conform to the 
grade established by the General Council. The rise of 
the center or crown of the street from the gutter shall be 
at a rate not greater than one half inch for every foot it is 
distant from the gutter. It shall be circular in cross- 
section from gutter to gutter. 


63. After being graded to the required section, the road- 
bed shall be prepared by being trimmed to a uniform sur- 
face and thoroughly rolled with a roller of suitable weight, 
and no paving material shall be put down before the 
graded or rolled surface shall have been finally inspected 
by the Engineer. 


64. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb-stones 
six inches in width, and each stone shall be at least five 
feet in length. When the bottom of the gutter is twelve 
inches or less below the top of the curb-stone, the depth 


727 


Id., Section 8. 


Id., Section 9. 


An ordinance 
prescribing the 
manner of im- 
proving streets 
with Higdon’s 
improv d bl’ck- 
stone pave- 
ment. Ap- 
proved Oct. 3, 
1875. Sec. 1. 


Ia., Section 2. 


Id., Section 3. 


Id., Section 4. 


728 


Id., Section 5. 


STREET IMPROVEMENT. 


of the curb-stone shall average at least twenty inches, and 
in no case shall the curb-stone be of less depth than the 
adjacent gutter-paving, and when the gutter-blocks are 
over twelve inches below the top of the curb-stones, the 
latter shall be at least twenty-two inches in average depth. 
Curb-stones twenty-one inches in depth and under shall 
have a full, square joint not less than twelve inches deep, 
and all over twenty-one inches in depth shall have a full, 
square joint on the ends of one inch additional depth for 
every additional inch: in the depth of the gutter over 
twelve inches. The curb-stones shall be cut with a draft 
around the top, face, and back, and the exposed top and 
front face shall be neatly dressed with bush-hammer to 
an even, regular face, the upper face to have the same 
bend as the sidewalk, the front face to be cut not less 
than ten inches from the top; the remainder of the front 
face shall be scabbed or dressed evenly from the bush- 
hammer work to the bottom, to admit of a close joint with 
the block-stone pavement. Curb-stones shall be of good, 
hard, sound limestone, free from flaws, dry seams, or 
cracks. The recurbing in reconstruction may be done 
with old or new curbing. When the old curb-stones have 
been inspected, and found to be four feet long and to fill 
all the requirements of this ordinance in other dimensions 
and quality, they may be reset in front of the same prop- 
erty before which they were originally placed; and should 
they require moving out to make the sidewalk conform 
to the width required by ordinance, then the trench shall 
be carefully filled with such material as the Engineer 
shall approve, and be well rammed and made secure and 
solid. All the joints in curbing shall be well filled and 
pointed with cement-mortar after having been set true to 
a line and grade. 


65. When the road-bed is properly prepared, inspected, 
and approved by the Engineer in charge, unless other- 
wise ordered, there shall be laid a foundation of good, 
sound.broken stone, the depth of four inches, to be spread 


—s oC 


STREET IMPROVEMENT, 


to conform to the shape of the street, and well rammed or 
rolled under a heavy pressure. 


66. On the foundation of broken stone there shall be 
laid a bed of bond gravel, and evenly spread to the depth 
of three inches, which shall also be rolled under a heavy 
pressure 

67. On this bed of gravel shall be placed blocks of Pewee 
Valley or other hard and durable stone, to be from three 
to five inches thick, seven inches deep, and not more than 
fifteen inches in length, to be placed in regular courses, 
one inch apart at sides and ends; the gutters, however, 
to be made, for a space of four feet from the curb, of same 

quality of stone as the paving-blocks, also having the 
same depth as the paving-blocks, and to be laid in same 
position as they were taken from the quarry, presenting 
an exposed surface of not less than twelve by twelve 
inches, having the same space left between them as between 
the other paving-blocks; the blocks shall in all cases break 
joints; the interstices to be filled first to the depth of three 
inches with bond gravel, which shall be well rammed; the 
remainder to be filled with a compound, the basis of which 
shall be sulphurated hydro carbon, intermixed with sand 
and gravel or fine broken stone, while in a heated state, 
and well rammed or tramped. 


68. Every required facility shall be afforded and sup- 
plied by the contractor for a thorough inspection of the 
work and of all materials used both during the progress 
of the work and after its completion. 


69. The contractor, or his authorized agent, shall be on 
the work during working hours. In the absence of both, 
a written notice served on the foreman shall be consid- 
ered binding on the contractor. He shall afford all re- 
quired facilities for the removing or relaying of gas- and 
water-pipes. He shall prosecute his work ina prompt and 
orderly manner. 


70. Unless otherwise provided by the ordinance direct- 
ing the work to be done, the grading, curbing and paving, 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


General or- 
dinance con- 
cerning the im- 
provement of 
alleys. Ap- 
proved May 18, 
1878. 


730 


Id., Section 1. 


Id., Section 2. 


Id., Section 3. 


STREET IMPROVEMENT. 


or grading and paving of any alley which the General 
Council may order to be improved, shall be executed in 
one of the different methods herein described. 


71, All alleys shall be graded with a smooth and even 
surface true to the established form and grade. In all 
alleys with center drainage the slope of the sides toward 
the center shall be not more than three fourths of an inch 
to one foot. In alleys with side drainage the center line 
of the crown when paved shall not be more than eight 
inches above the gutter when laid. 


72, The paving of the carriage-way shall be done accord- 
ing to one of the three following methods, v7z.: with block- 
stone paving, Macadam paving, or bowlders, as herein 
provided. 


73. The paving of alleys with block-pavement shall be 
as follows: A bed of clean, sharp paving gravel, six inches 
deep, shall be placed on the graded surface of the alley. 
On this bed of gravel, and along the center of the alley, 
there shall be laid a range of gutter stones nine inches 
wide, not less than twelve inches long, and not less than 
eight inches deep. The shoulder-ranges shall consist of 
a single range of stones placed longitudinally on each side 
of the gutter-range, each stone of which shall not be less 
than six inches wide, and the other dimensions shall be 
the same as for the gutter-range. The edges, ends, faces, 
and sides of the stone shall be dressed straight and square 
in shape, so as to form good joints, faces, and beds. The 
gutter, when formed, shall be true to line and grade. All 
eutter- and shoulder-stones shall be laid on their natural 
beds. The paving between the sides and the gutter shall 
be laid ranging across the alley, square to the line of the 
eutter, and of uniform thickness in each range. In the 
paving no stone shall be less than six nor more than ten 
inches in thickness, and in depth not less than eight inches. 
They shall be laid smooth and true to grade and form, 
with joints regularly and squarely broken. Each stone 
shall be well rammed and bedded as it is laid. On each 


STREET IMPROVEMENT. 


side of the alley where there are no sidewalks, a border 
range of paving-stones, not less than ten inches long, six 
inches wide, and not less than eight inches deep, shall be 
laid to sustain the outer edge of the pavement. After the 
pavement is laid and inspected, it shall be well covered 
with clean sand or fine gravel, and swept until all the 
joints are well and thoroughly filled. The paving shall 
then be thoroughly rammed with suitable rammers until 
the surface of the alley is smooth and even, and then coy- 
ered with a coating of fine gravel at least two inches deep. 


74. The carriage-way paving between the gutters shall 
be made as follows: After the road-bed (prepared as re- 
quired) shall have passed inspection, there will be laid to 
the depth of seven inches, for the foundation course, a 
bed of the larger broken stone, which shall not exceed from 
three to four inches in any dimension. ‘This course of large 
stone shall be evenly and closely spread, and rolled true 
to the alley section. Over the first course there shall be 
spread a second course of small stone, broken to pass 
through a two and a half inch ring, to a depth of seven 
inches at the gutters, and eight inches at the crown, which 
shall also be wellrolled. The street-roller used shall be of 
at least five tons weight. Finishing the work, there shall 
be spread over the broken stone a layer of good bond 
gravel at least two inches thick, which shall be rolled 
down by the street-roller to the true section of the alley, 
and the whole pavement, when so completed, shall meas- 
ure fifteen inches in depth at the crown, and fourteen 
inches in depth at the sides. 


75. When curbing is ordered by the Council on each 
side of the alley carriage-way, there shall be set a line of 
curb-stones. The curb-stones, when dressed, shall be of 
uniform thickness in each square, not less than five inches 
thick, and not less than four feet long. They shall be at 
least eighteen inches in depth. They shall be set true to 
line and grade. 


731] 


Id., Section 4. 


Id., Section 5. 


76. All side gutters in macadamized alleys shall be two Jd., Section 6. 


732 


Id., Section 7. 


STREET IMPROVEMENT. 


(2) feet in width, measured from the curb-stone toward 
the alley center, and shall be one of the two classes men- 
tioned below, as the Engineer may determine with refer- 
ence to the local necessities of the work, and shall consist, 
first, of block paving formed of four courses of stone laid 
parallel to the curb; or, second, of block-stone paving 
formed of three courses, the gutter-ranges laid parallel 
with the curb, and backing or shoulder-range laid at right 
angles to the gutter-range. The stone for gutter-range 
shall be from eight to ten inches in depth, and from eight 
to ten inches in width. The stone for the backing and 
shoulder-ranges shall be not less than ten inches in length, 
from eight to ten inches in depth, and not less than six 
inches in width. The block-stone for paving open or val- 
ley gutters crossing the intersection of alleys, shall be laid 
two and a half feet on each side of the cutter-range, mak- 
ing the gutter five feet in width in addition to the width of 
the gutter-range; and all these stones shall be twelve 
inchesdeep. The gutter-stones shall be laid on their nat- 
ural beds, the joimts shall be well broken, and the edges, 
ends, face, and sides shall be dressed straight and square 
in shape, so as to form good, close joints. The whole of 
the gutter-work shall be laid on a bed of clean gravel not 
less than six inches in depth, each stone to be carefully 
and firmly bedded in the gravel, and then well rammed 
as it is laid, until true to line and grade, and even and 
regular on thesurface. After the gutter pavement is laid, 
rammed, and inspected, it shall be covered with fine gravel 
and be swept over until all joints are filled. 


77. The grading shall be done as specified in Section 1. 
In alleys with center-drainage the gutters shall be made 
as specified in Section 8, and in alleys with sidewalks and 
side-drainage the curbs and gutters shall be made as speci- 
fied in Sections 5 and 6 of this ordinance. Where center- 
drainage is used, there shall be laid on each side of the 
alley a border-range of paving-stones as provided in Sec- 
tion 38. After the alley has been graded to the proper 
section, and has been inspected and approved by the City 


STREET IMPROVEMENT, 


733 


Engineer, it shall be covered with a bed of good bond 
gravel (subject to the approval of the City Engineer), to be 
at least twelve inches in depth, upon which the bowlders 
are to be laid true to the section of the alley. The bowl- 
ders shall be sound, hard, and free from flaws, and not 
less than three (8) inches in depth when set in an upright 
position, and the largest not to exceed nine inches, and 
no bowlders shall show an exposed surface exceeding nine 
inches in diameter. . When required by the Engineer, the 
bowlders shall be assorted in sizes before being hauled to 
the site of the work, and all sandstone, limestone, or other 
inferior material shall be rejected. In laying the bowl- 
ders, the largest shall be placed at or next to the gutter, 
and the smallest at and upon the center of the alley. 
All are to be well set and firmly imbedded endwise in the 
eravel, with their largest diameter vertical, and to the 
proper camber or section of the alley. After the bowl- 
ders have been thus set, the spaces between them are to 
be filled with fine gravel, and after being swept clean they 
are to be well rammed with rammers weighing at least 
fifty pounds. The surface of the alley is to be covered 
with a coating of fine gravel, and again swept clean, and 
the second time rammed until the bowlders are firmly 
secured and forced down even and regular to the proper 
crown, grade, and section; again covered with gravel and 
swept clean, and rammed a third time, or the surface shall 
be rolled or rammed as the General Council may direct. 
The surface is then to be covered to a depth of two inches 
with clean, fine gravel. 


78. In reconstruction, all old material which is of the 
proper quality and dimensions shall be used again in the 
new alley, and all new material required is to be supplied 
by the contractor. All old material, including broken 
stone, gravel, curbing, gutter or crossing stone, and iron 
plates, which is declared by the Engineer to be unfit for 
use in the new alley, shall be hauled by the contractor to 
such streets or lots as the Engineer may designate: Pro- 
vided, the average haul does not exceed two thousand 


Id., Section 8. 


734 


Id., Section 9. 


Id., Section 10. 


Id., Secs. 11, 
12, and 13. 


Id., Sections 
14 and 15. 


STREET IMPROVEMENT. 


feet in length; and all such material shall be the property 
of The City. All earth and other refuse material shall 
be deposited by the contractor in such place or places as 
may be selected by him: Provided, that no nuisance be 
created thereby. 


79. Inspection of the work shall be made by the Engi- 
neer, or an authorized inspector, during its progress. All 
stone, bowlders, gravel, or other material which may be 
rejected on inspection, shall be removed by the contractor 
without delay. 


80. All materials herein specified shall be of the best 
description, each in its class. The stone used, whether 
in curb or pavement, shall be of good, hard limestone. 
No stone known as the *‘ blue ledge”’ shall be used in any 
part of the pavement. Suitable stone from the ‘‘Island”’ 
quarries will be received for paving, but not for gutter 
stone. All broken stone used in the paving shall be 
broken and prepared for inspection before delivery on the 
work. 


81. The contractor shall prosecute his work in a prompt 
and orderly manner, and, when required by the Engi- 
neer, shall discharge incompetent employes or workmen. 
Should the contractor fail to execute the work in the time 
stipulated, he shall forfeit his contract, and be entitled 
to no pay for the work done; but the time fixed for its 
completion may, on the written recommendation of the 
City Engineer, for causes deemed sufficient by him, be 
extended by resolution of the General Council, and the 
receiving and apportioning of the cost of any work by the 
General Council after the time when it should have been 
completed shall be regarded as an assent to the extension 
of the time named in the contract. The use of the alley, 
or any part of it, by individuals or the public, shall not 
entitle the contractor to pay for the work done by him, 
unless it shall be received by resolution of the General 
Council. 


82. The contractor shall, at his own expense, keep his 


STREET IMPROVEMENT. 


work in good repair during the six months next after its 
reception by the General Council, and should he, in the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary re- 
pairs made at the expense of the contractor. After the 
top covering of gravel has remained on the alley for sixty 
days it shall be removed at the expense of the contractor, 
when required by the City Engineer. 


83. To enable The City to apportion the cost among the 
owners of ground fronting the improvement, the Assessor 
shall furnish to the City Engineer a list of the names of 
such owners, and a description of the ground owned by 
each, and when said list and description shall have been 
furnished and the work received by the General Council 
as completed, The City will apportion the cost of it among 
the owners of the ground fronting the improvement, and 
furnish orders therefor against them respectively, and 
subject to the foregoing provisions. 


84. Unless otherwise provided by the ordinance direct- 
ing the work to be done, the grading, curbing, and pav- 
ing of any street with Macadam pavement that the Gen- 
eral Council may order, shall be done as hereinafter pro- 
vided. 


85. The street surface shall be worked to the grade es- 
tablished by the General Council, and in cross-section the 
center or crown of a street shall, in a sixty-foot street, be 
from ten to twelve inches below the top of the curb-stone 
when set, and in streets of different width there shall be 
a proportional increase or decrease of this dimension. 
From the ground line to the curbs the sides shall be grad- 
ually sloped sufficiently in excavation to prevent the earth 
from interfering with curb or gutter when laid, and in 
embankment the sidewalk shall be filled to a sufficient 
width to provide a firm support for the curbstones when 
in position. 


86. After being graded to the required section the road 
shall be prepared for paving by the removal of all vegeta- 


739 


Td., Section 16. 


General ordi- 
nance concern- 
ing improve- 
ment of streets 
with Macadam 
pavement. Ap- 
proved August 
21, 1880. Sec- 
tion 1. 

Id., Section 2. 


TId., Section 3. 


Id., Section 4. 


STREET IMPROVEMENT. 


ble or mucky material, quicksand, or any remaining soil, 
to the extent directed by the Engineer, and the material 
removed shall be replaced with gravel, sand, or good 


-earth-fillng, as directed. Also in such places as in the 


judgment of the Engineer it may be necessary, the road- 
bed shall be rammed or shall be rolled with a roller of 
suitable weight, and no paving material shall be put down 
before the graded or rolled surface shall have been finally 
inspected by the Engineer. 


87. Dividing the sidewalks and carriage-ways, and sup- 
porting the former, there shall be laid a line of curb- 
stones not less than six inches in width, and each stone 
shall be at least five feet in length. The curb-stones shall 
be at least twenty-two inches in depth. They shall have 
a full, square joint not less than twelve inches deep. The 
curb-stones shall be cut with a draft around the top, face, 
and back, and the exposed top and front faces shall be 
neatly dressed by bush-hammer to an even, regular face ; 
the upper face to have the same bevel as the sidewalk, 
the front face to be cut not less than ten inches deep and 
the back not less than three inches from the top. The 
bottom of the curb-stone shall be parallel with the top, 
must have a firm, uniform bed, and no underpinning will 
be allowed. The remainder of the front face shall be 
scabbled or dressed evenly from the bush-hammer work 
to the bottom, to admit a close joint with the shoulder 
pavement. Curb-stones shall be of good, hard, sound 
limestone, free from flaws, dry seams, or cracks. There 
shall be corner curb-stones at the intersections of all 
streets and alleys, which on streets shall have a top face 
of the fourth of a circle of twenty-four inches radius, and 
on alleys eighteen inches radius, dressed to bevel with 
the sidewalk, the front face, back, and joints to agree 
with the adjoining curb. All curb-stones shall be laid 
true to line and grade. The space between the curb and 
excavation shall be filled with earth. The filling shall be 
well rammed. 


STREET IMPROVEMENT. 


737 


88. The gutter-pavement of the street shall be of one Id, Section 5. 


of the three classes mentioned below, as the Council may 
direct, with reference to the local necessities of the work, 
and may consist as follows: First—Gutter-flagging must 
in all cases be laid on their natural beds, and be composed 
of best hard limestone or granite, free from seams, frost- 
cracks, or any other defects, and laid in either one or two 
courses, parallel to the curb, as the Engineer may plan 
or specify ; the dimensions to be from three (8) to four 
(4) feet in length, twelve (12), fifteen (15), or eighteen (18) 
inches in width, and from eight (8) to ten (10) inches in 
depth, laid to correspond with the crown of the street, 
break joints longitudinally, and be set on beds of clean, 
sharp gravel, six (6) inches in depth, uniformly and 
closely packed. The flagging must then be thoroughly 
rammed with a fifty-pound rammer, and covered with 
good bond gravel three inches in depth. The upper sur- 
face of the flagging must be neatly and evenly hammer- 
dressed smooth, and the ends squared and evenly dressed, 
so as to form joints not exceeding one eighth (4) of an 
inch in width ; the sides next to the curb must be at true 
right angles to the ends, and so dressed as to make a close, 
uniform joint with the curbing, and the opposite side to 
be parallel with the curbing and dressed square to con- 
nect firmly with the street-paving, the upper surface of 
the flagging next to the curb to be eight inches below the 
grade of the curbing, and the outside line of the flagging 
to be six and a half inches below the top of the curbing. 
Said flagging must be in every respect equal in workman- 
ship and quality to the specimen on exhibition at the office 
of the City Engineer. Second—Of block-paving, formed 
of five courses of stone, laid parallel to the curb; or, 
Third—Of block-stone paving, formed of four courses, the 
gutter-range laid parallel with the curb, and backing and 
shoulder-ranges laid at right angles to the gutter-range. 
All the block-stone paving used in gutter work on streets, 
with a carriage-way of thirty-six feet and over, shall be 


from three feet to three feet nine inches in width, meas- 
47 


738 


Id., Section 6. 


STREET IMPROVEMENT. 


ured from the curb-stone toward the street center. For 
streets with a carriage-way of less than thirty-six feet, 
the gutters shall be two feet six inches in width. The 
stone for the gutter-range shall be from twelve to fifteen 
inches in length, from eight to ten inches in depth, and 
from eight to ten inches in width. The stone for the 
backing and shoulder-ranges shall not be less than ten 
inches in length, from eight to ten inches in depth, and 
not less than six inches in width. The block-stone for 
paving gutters, crossing intersections of streets and alleys 
shall be laid two and one half feet on each side of the 
cutter-range, making the gutter five feet in width in ad- 
dition to the width of the gutter-range, and all stones 
shall be twelve inches deep. In laying gutter-stones the 
joints shall be well broken, and the edges, ends, face, and 
sides shall be dressed straight and square in shape, so as to 
form good, close joints. The backing-ranges of the gut- 
ter shall be dressed with beveled faces, so as to allow the 
course next to the curb to be within seven inches of the 
top of the curb, and the course next the gutter-range to be 
eleven inches below the top of the curb. The whole of 
the gutter work shall be laid ona bed of clean gravel not 
less than six inches in depth, each stone to be laid on its 
natural bed and carefully and firmly bedded in the gravel, 
and then well rammed as it is laid until true to line and 
gerade and even and regular on the surface. After the 
gcutter-pavement is laid, rammed, and inspected, it shall 
be covered with fine gravel and be swept over until all the 
joints are filled. The gutter-rang’e shall be not less than 
twelve inches from the face of the curb, and not less than 
eleven inches below the top of the curb; and for every 
additional inch in the depth of the gutter the space be- 
tween curb and gutter-range shall be increased one inch, 
and the space be filled by an additional width of backing- 
ranges of gutter-stones. 


89. Foot-way crossings shall be laid across all street. 


and alley intersections, and shall be formed of stone eigh- 
teen inches wide, ten inches deep, and from four to five 


STREET IMPROVEMENT. 


) 


feet long, with good, full, square beds, with close dressed. 
joints and faces. The outside of the foot-way stones shall 
be evenly dressed, so as to allow close contact with the 
range paving on each side of the crossing. The range 
paving which supports on either side the foot-way stones 
shall be of block stone not less than twelve inches long, 
six inches wide, and ten inches deep; to be laid so as to 
break joints with the crossing stones. The abutment 
stones shall be nine feet long, six inches wide, and not 
less than twenty-four inches in depth, or of such addi- 
tional depth as the work may require. Two and a half 
feet of each end of the abutment stone shall be beveled 
according to the directions of the Engineer. The exposed 
surface shall be bush-hammered, and the back, where in 


contact with the crossing stone, shall be scabbled or picked — 


work. The courses of foot-way stones shall be laid twelve 
inches apart, and the interval shall be filled with. good 
block pavement or bowlders, as the Engineer may direct. 
The foot-way stones shall be well tamped on a bed of gravel 
at least five inches deep. The entire crossing shall be laid 
so as to form a parallel crown to the street, and be from 
three to five inches higher than the street pavement when 
properly crowned, which shall be sloped back on each side 
of the crossing at least four feet. The location and the 
height of the crossing and the height of the abutment 
stone, and its. distance from the curb, shall be directed by 
the Engineer. 


90. The carriage-way paving between the gutters shall 
be made as follows: After the road-bed (prepared as re- 
quired) shall have passed inspection, there will be laid to 
the depth of seven inches, for the foundation course, a 
bed of the larger broken stone, which shall not exceed 
from three to four inches in any dimension. This course 
of large stone shall be evenly and closely spread and 
rolled, or rolled and rammed, as the General Council may 
direct, true to the street section. Over the first course 
there shall be spread a second course of small stone, 
broken to pass through a two and a half inch ring, toa 


739 


Id., Section 7. 


740 


Id., Section 8. 


Id., Sees. 9 
and 10. 


STREET IMPROVEMENT. 


depth of seven inches at the gutters, and eight inches at 
the crown, which shall also be well rolled, or rolled and 
rammed, as the General Council may direct. Finishing 
the work, there shall be spread over the broken stone a 
layer of good bond gravel at least two inches thick, which 
shall be rolled down by the street roller to the true sec- 
tion of the street ; and the whole pavement, when so com- 
pleted, shall measure at least twelve inches in depth at 
the crown and eleven inches in depth at the sides. 


91, All old material, including broken stone, gravel, 
curbing, gutter or crossing stone, and iron plates, which 
is declared by the Engineer to be unfit for use in the new 
streets, shall be hauled by the contractor to such streets 


_or lots as the Engineer may designate, provided the aver- 


age haul does not exceed two thousand five hundred feet 
in length; and all such material shall be the property of 
The City. All earth and other refuse material shall be 
deposited by the contractor in such place or places as 
may be selected by him: Provided, that no nuisance be 
created thereby. 


92. All materials herein specified shall be of the best 
description, each in its class. The stone used, whether 
in curb or pavement, shall be of good, hard limestone. 
No stone known as the ‘‘ blue ledge’’ shall be used in any 


part ofthe pavement. Suitable stone from the ‘‘ Island ”’ 


quarries will be received for paving, but not for gutter- 
stone unless complying with the specification, require- 
ments in dimension, shape, and joints. All material, 
stone or gravel, which may be rejected on inspection, shall 
be removed by the contractor without delay; and all 
broken stone used in the paving shall be broken and pre- 
pared for inspection before delivery on the work. — 


93. The contractor shall prosecute his work in a prompt 
and orderly manner, and when required by the Engineer 
shall discharge incompetent employes or workmen. 
Should the contractor fail to execute the work in the 
time stipulated, he shall forfeit his contract, and be en- 


- 22. 


— 


STREET IMPROVEMENT. 


titled to no pay for the work done; but the time fixed for 
its completion may, on the written recommendation of the 
City Engineer, for causes deemed sufficient by him, be 
extended by resolution of the General Council; and the 
receiving and apportioning of the cost of any work by the 
General Council after the time when it should have been 
completed shall be regarded as an assent to the extension 
of the time named in the contract. 


94. The use of the street, or any part of it, by individ- 
uals or the public, shall not entitle the contractor to pay 
for the work done by him, unless it shall be received by 
resolution of the General Council. 


95. The contractor shall, at his own expense, Keep his 
work in good repair during the six months next after its 
reception by the General Council; and should he, in the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary re- 
pairs made at the expense of the contractor. . 


96. Inspection of the work shall be made by the Engi- 
neer, or an authorized inspector, during its progress. 


97. Unless otherwise provided for in the ordinance fe- 
quiring the work to be done, the grading, curbing, and 
paving with bowlder-pavement of any street that may be 
ordered by the General Council shall be done as herein- 
after provided. 


98. The street surface shall be made to conform to the 
gerade established by the General Council. The rise of 
the center or crown of the street, when paved, above the 
cutters, shall be at a rate not greater than three fourths 
of an inch (? of an inch) for every foot it is distant from 
the gutter. The graded surface shall be dressed down to 
a depth of fifteen inches below the top surface of the bowl- 
ders when completely rammed to place as designed by 
the plans and grade stakes. The slope of the sides, in ex- 
cavation, shall be at least one verticle to one horizontal, 
and the entire top width, inembankment, shall be at least 
ten feet wider than the width required between the curbs. 


741 


Id., Section 11. 


Id., Section 12. 


Id., Section 13. 


An ordinance 
prescribing the 
manner of im- 
proving streets 
with bowlder 
pavement: 
Approv’d Aug. 
21, 1880. - Sec- 
tion 1. 


Id., Section 2. 


742 


STREET IMPROVEMENT. 


Td., Section 3. 


Id., Section 4. 


99. After being graded to the required section (see plans 
and specifications), the road-bed shall be prepared for pav- 
ing by the removal of all vegetable or mucky material, 
quicksand, or any remaining soil to the extent directed 
by the City Engineer, and the material removed shall be 
replaced with gravel, sand, or good earth filling, as di- 
rected. Also, in such places as in the judgment of the 
Engineer it may be necessary, the road-bed shall be 
rammed or rolled in the ordinary manner, or in such man- 
ner as the General Council may direct. Upon this road- 
way the General Council may require, by specification, that 
a layer of broken stone eight inches in depth bespread; said 
stone to be so broken that none will measure more than 
five inches in any direction, nor be less than two inches in 
thickness. This layer of broken stone may then be 
rammed or rolled in the ordinary way, or in such manner 
as the General Council may direct. In all cases where a 
layer of broken stone is placed under the gravel as above 
specified, the depth of grading as given in Section 2 shall 
be correspondingly increased. No paving material shall 
be put down before the graded or rolled surface shall have 
been finally inspected by the Engineer. When no broken 
stone is used for the foundation of the street, a course of 
good, clean, sharp gravel, six inches in depth, shall be 
spread over the road-bed, on top of which a second layer 
of good bond gravel shall be spread, equal to the ‘‘ Pump- 
kin-patch”’ gravel, and shall be of sufficient depth to per- 
mit the bowlder-paving to be rammed and finished to 
the true cross section of the street as shown by the plans. 
The quality of the gravel shall be in all respects satisfac- 
tory to the Engineer. 


100. Dividing the sidewalks and carriage-way, and sup- 
porting the former, there shall be laid a line of curb-stones 
six inches in width, and each stone shall be a least five 
feet in length. When the bottom of the gutter is twelve 
inches or less below the top of the curb-stone, the depth 
of the curb-stones shall be at least twenty inches, and in 
no case shall the curb-stone be of less depth than the adja- 


STREET IMPROVEMENT. 


cent gutter paving; and when the gutter paving is more 
than twelve inches below the top of the curb-stone, the lat- 
ter shall be at least twenty-two inches in depth. Curb- 
stones twenty-one inches in depth shall have a full square 
joint not less than twelve inches deep, and all over twen- 
ty-one inches in depth shall have a full square joint on 
the ends of one inch additional depth for every additional 
inch in depth of the cutter over twelve inches. The curb- 
stone shall be cut with a draft around the top, face, and 
back, and the exposed top and front face shall be neatly 
dressed by bush-hammer to an even, regular face; the 
upper face to have the same bevel as the sidewalk : the 
front face to be cut not less than ten inches from the top. 
The bottom of the curb-stone must be parallel with the 
top, must have a firm, uniform bed, and no underpinning 
will be allowed. The remainder of the front face shall 
be scabbled or dressed evenly from the bush-hammered 
work to the bottom, to admit of a close joint with the 
gutter-block pavement. Curb-stones shall be of good, 
hard, sound limestone, free of flaws, dry seams, or cracks. 
The recurbing in reconstruction may -be done with old or 
new curbing. When the old curb-stones have been in- 
spected, and found to be four feet long, and to fill all the 
requirements of this ordinance in other dimensions and 
quality, they may be reset in front of the same property 
before which they were originally placed; and should 
they require moving out to make the sidewalk conform 
to the width required by ordinance, then the trench shall 
be carefully filled with such material as the Engineer 
shall approve, and be well rammed and made secure and 
solid. All the joints in curbing shall be well filled and 
pointed with cement-mortar, after having been set true to 
line and grade. 


101. The gutter-pavement of the street may be one of 
the three classes mentioned below, as the Council may di- 
rect, with reference to the local necessities of the work, 
and may consist as follows: First—Gutter-flagging must 
in all cases be laid on their natural beds, and be composed 


743 


Id., Section 5. 


744 


STREET IMPROVEMENT. 


of best hard limestone or granite, free from seams, frost- 
cracks, or any other defects, and laid in either one or two 
courses, parallel to the curb, as the Engineer may plan or 
specify. The dimensions to be from three (3) to four (4) 
feet in length, twelve (12), fifteen (15), to eighteen (18) 
inches in width, and from eight (8) to ten (10) inches in 
depth, laid to correspond with the crown of the street, 
break-joints longitudinally, and be set on beds of clean, 
sharp gravel six (6) inches in depth, uniformly and closely 
packed. The flagging must then be thoroughly rammed 
with a fifty-pound rammer and covered with good bond 
gravel three inches in depth. The upper surface of the 
flagging must be neatly and evenly hammer-dressed | 
smooth, and the ends squared and evenly dressed, so as 
to form joints not exceeding one eight (4) of an inch in 
width ; the sides next to the curb must be at true right 
angles to the end, and so dressed as to make a close, uni- 
form joint with the curbing, and the opposite side to be 
parallel with the curbing and dressed square to connect 
firmly with the street paving, the upper surface of the 
flagging next to the curb to be eight inches below the grade 
of the curbing, and the outside line of the flagging to be 
six and a half inches below the top of the curbing. Said 
flagging must be in every respect equal in workmanship 
and quality to the specimen on exhibition at the office of 
the City Engineer. Second—Of block-paving, formed of 
four courses of stone laid parallel to the curb ; or, Third— 
Of block-stone paving formed of three courses, the gutter- 
ranges laid parallel with the curb, and backing or shoul- 
der-range laid at right angles to the gutter-range. All 
bleck-stone paving used in gutter work on streets with a 
carriage-way of thirty-six feet and over shall be from three 
feet to three feet nine inches in width, measured from 
curb-stone toward the street-center. For streets with car- 
riage-way of less than thirty-six feet in width, the gutter 
shall be two feet six inches in width. The stone for gut- 
ter-range shall be from eight to ten inches in depth, and 
from eight to ten inchesin width. The stone for the back- 


STREET IMPROVEMENT. 


ing and shoulder-ranges shall be not less than ten inches 
in length, from eight to ten inches in depth, and not less 
than six inches in width. The block-stone for paving 
open or valley-gutters crossing the intersection of alleys 
shall be laid two and a half feet on each side of the gutter- 
range, making the gutter five feet in width in addition to 
the width of the gutter-range ; and all these stones shall 
be twelve inches deep. In laying gutter-stones, the joints 
shall be well broken and the edges, ends, face, and sides 
shall be dressed straight and square in shape, so as to 
form good, close joints. The whole of the gutter work 
shall be laid on a bed of clean gravel not less than six 
inches in depth, each stone to be laid on its natural bed 
and carefully and firmly bedded in the gravel, and then 
well rammed as it is laid until true to line and grade, and 
even and regular on the surface. After the gutter-pave- 
ment is laid, rammed, and inspected it shall be covered 
with fine gravel and be swept over until all joints are 
filed. The gutter or water-ways crossing intersections 
of streets shall be covered with iron plates of approved 
pattern. They shall extend the full width of the street, 
and be not less than eighteen inches wide, and of sufficient 
depth to pass the drainage through them from side to side 
of the street, the top to conform to the crown of the street. 
To sustain the iron plates, there shall be side stones, each 
of which shall be not less than five inches thick and not 
less than four feet long, with good, square joints and 
beds, and of sufficient depth to bed six inches below the 
water-way and to sustain the plates in their proper places. 
The bottom of the water-way, between the side stones, 
shall be paved with hard paving-brick, laid lengthwise of 
the way, the joints of which shall be well filled with sand. 
Each piece of covering must have a firm and even bed on 
which to rest. When the water-ways are sided up, paved, 
and covered, then the spaces back of the side stones shall 
be carefully filled and well rammed. The ends of the 
covered water-way shall be properly shaped and paved. 
The intersection of the streets shall be formed with a reg- 


745 


746 


STREET IMPROVEMENT. 


Id., Section 6. 


Id., Section 7. 


ular grade and crown, and there are to be no depressions 
at or over the water-ways. 


102. Stone footway crossings, when laid, shall be formed 
of stone eighteen inches wide, ten inches deep, and from 
four to five feet long, with good, full, square beds, and 
with dressed joints and faces. . The outside of the footway 
stones shall be evenly dressed, so as to allow close con- 
tact with the bowlder paving on each side of the crossing. 
The abutment stones shall be nine feet long, six inches 
wide, and not less than twenty-four inches in depth, or of 
such additional depth as the work may require. Two and 
a half feet of each end of the abutment stone shall be 
beveled, according to the directions of the Engineer. 
The exposed surface shall be bush-hammered, and the 
back, when in contact with the crossing stone, shall be 
scabbled or picked work. The courses of footway stones 
shall be laid twelve inches apart, and the intervals shall 
be paved with bowlders, as the Engineer may direct. 
The footway stones shall be well tamped on a bed of 
gravel at least five inches deep. The entire crossing shall 
be so laid as to form a parallel crown to the street, and 
where itis not adjacent to valley gutters and intersections, 
the crossing stones shall be from two to five inches higher 
than the street pavement when properly crowned, the 
street pavement being sloped back on each side of the 
crossing at least four feet.. Otherwise, when near valley 
gutters and intersections, the crossing shall be laid as 
directed by the Engineer. The location and height of the 
crossings, and of the abutment stones, and their distance 
from the curb, shall be as directed by the Engineer with 
reference to the water-ways or other local necessities. 
The manner of paving the wings of the alleys shall also be 
as directed by the Engineer. 


103. Upon the bed of gravel prepared as hereinbefore 
stated there shall be laid closely and true to the section 
of the street the bowlder course of well selected stone, 
sound, hard, and free from flaws, the smaller to measure 
not less than six inches in depth when set in an upright 


STREET IMPROVEMENT. 


ee 


position, and the largest not to exceed ten inches; and no 
bowlders shall show an exposed surface exceeding nine 
inches in diameter. When required by the Engineer, the 
bowlders shall be assorted in sizes before being hauled to 
the site of the work; and all sandstone, limestone, and 
other inferior material shall be rejected. In laying the 
bowlders the largest shall be placed at or next to the gut- 
ter, and the smallest at and upon the center of the street. 
All are to be well set, and firmly imbedded endwise in the 
gravel, with their largest diameter vertical, and to the 
proper camber or section of the street, After the bowl- 
ders have been thus set, the spaces between them are to 
be filled with fine gravel, and after being swept clean, they 
are to be wellrammed with rammers weighing at least fifty 
pounds. The surface of the street is to be covered with a 
coating of fine gravel, and again swept clean, and the sec- 
ond time rammed until the bowlders are firmly secured, 
and forced down even and regular to the proper crown, 
erade, and section; again covered with gravel, and swept 
clean, and rammed a third time, or the surface shall be 
rolled or rammed as the General Council may direct. 
The work shall then be inspected by the City Engineer, 
and, if accepted by him, the finished surface or the bowl- 
ders shall be covered to a depth of three inches with good 
bond gravel. 

104. On streets upon which railroad or street railway 
tracks are located, a curbing formed of stone blocks, 
dressed similar to those used in gutter pavements, shall 
be placed on each side of each track stringer. These 
blocks must be of granite or hard limestone, not less than 
four inches nor more than five inches wide, and from nine 
to eighteen inches long, and not less than eight inches 
deep. <A long and a short one must be laid alternately, 
at right angles to the track, well bedded in gravel, and 
firmly rammed, and the space between paved with bowl- 
ders, as. per Section 7 of this ordinance. 


105. In reconstruction, all old material which is of the 
proper quality and dimensions shall be used again in the 


Id., Section 8. 


Id., Section 9. 


748 


STREET IMPROVEMENT. 


Id., Section 10. 


new street, and all new material required is to be supplied 
by the contractor. All old material, including broken 
stone, gravel, curbing, gutter or crossing stone, and iron 
plates, which is declared by the Engineer to be unfit for 
use in the new street, shall be hauled by the contractor to 
such streets or lots as the Engineer may designate: Pro- 
vided, the average haul does not exceed two thousand five 
hundred feet in length ; and all such material shall be the 
property of The City. All earth and other refuse ma- 
terial shall be deposited by the contractor in such place or 
places as may be selected by him: Provided, that no nui- 
sance be created thereby. 


106. Inspection of the work shall be made by the Engi- 


' neer, or an authorized inspector, during its progress. All 


Id., Sections 
11, 12 and 13. 


material—stone, bowlders, gravel, or other—which may 
be rejected on inspection, shall be removed by the con- 
tractor without delay. 


107. Should the contractor fail to execute his work in 
the time stipulated, he shall forfeit his contract, and be 
entitled to no pay for the work done; but the time fixed 
for its completion may, on the written recommendation of 
the City Engineer, for causes deemed sufficient by him, 
be extended by resolution of the General Council; and the 
receiving and apportioning of the cost of any work by the 
General Council, after the time when it should have been 
completed, shall be regarded as an assent to the extension 
of the time named in the contract. ‘The use of the street 
or any part by individuals or the public shall not entitle 
the contractor to pay for the work done by him, unless it 
shall be received by resolution of the General Council. 
The contractor, or his authorized agent, shall be on the 
work during working hours. In the absence of both, a 
written notice served on the foreman shall be considered 
binding on the contractor. He shall afford all required 
facilities for the removing or relaying of gas- and water- 
pipes. He shall prosecute his work in a prompt and or- 
derly manner. During the progress of the work of recon- 
struction the contractor shall interrupt the traffic of the 


STREET IMPROVEMENT. 


749 


street as little as possible, and in no case shall he be allowed 
to stop the passage of the street cars without an order 
from the City Engineer. 


108. To enable The City to apportion the cost among 
owners of ground liable for the cost of the improvements, 
the Assessor shall furnish to the City Engineer a list of 
the names of sach owners, and a description of the ground 
owned by each; and when said list and description shall 
have been furnished, and the work received by the Gene- 
ral Council as completed, The City will apportion the cost 
of it among the owners of the ground liable for the im- 
provements, and furnish orders therefor against them re- 
spectively, and subject to the foregoing provisions. | 


109. After the top covering of gravel has remained on 
the street for sixty days, it shall be removed, when re- 
quired by the City Engineer. 


110. The contractor shall, at his own expense, keep his 
_ work in good repair during the twelve months next after 
its reception by the General Council; and should he, in 
the opinion of the City Engineer, be tardy in executing 
this stipulation, the City Engineer may have the necessary 
repairs made at the expense of the contractor. 


111. Unless otherwise provided by the ordinance direct- 
ing the work to be done, the grading, curbing, and paving 
of any street with granite blocks that the General Coun- 
cil may order, shall be done as hereinafter provided. 


112. The stone blocks are to be of hard granite, free 
from sap, seams, flaws or any other defects, of durable 
and uniform quality, each measuring on the face or upper 
surface not less than six (6) nor more than ten (10) inches 
in length, and not less than four (4) nor more than five (5) 
inches in width, and in depth not less than six (6) nor 
more than eight (8) inches; blocks of four (4) inches in 
width on their face to be not less than three (3) inches in 
width at the base; all other blocks in transverse measure- 
ment on the base to be not more than two (2) inches less 
than on the face, but no block on the base shall be of less 


Id., Section 14. 


Id., Section 15. 


Id., Section 16. 


General or- 
dinance con- 
cerning the im- 
provement of 
streets with 
granite blocks. 
A.DP Ie ved 
June 28, 1882. 
wecody 


Id., Section 2. 


750 STREET IMPROVEMENT. 


than three (3) inches in width or less than five (5) inches 
in length, and to be in all respects equal to the specimen 
blocks at the City Engineer’s office. If in streets in which 
rail tracks.are laid it be found that the positions of the 
rail-ties are such as to prevent the laying above them of 
stone blocks of the depth hereinbefore described, the con- 
tractor will be permitted to use blocks for the pavement 
over the ties of such lesser dimensions as the City Engi- 
neer may specially designate. 


Id, Section 8. 118. Where new footway stones are required they are 
to be furnished in conformity with the following descrip- 
tion, to-wit: The stones to be of the best quality of granite, 
free from sap, seams, and flaws, or of any other imperfec- 
tions; each stone to be not less than four (4) feet long and 
two (2) feet wide and not less than five (5) nor more than 
eight (8) inches thick throughout, and dressed to an even 
face on top and bottom, with sides and ends square and 
full. The new stone to be in quality and workmanship 
similar to the pattern at the office of the City Engineer, 
and to be cut so as to lay to a joint, not exceeding one 
fourth of an inch from top to bottom on sides and ends. 


Id., Section 4. 114. All the frames and heads for sewer man-holes shall 
be furnished by The City, and the water or gas stop-cocks 
or valves on the line of the work are to be reset or new 
ones set if required on a level with the new pavement by 
the Water or Gas Company. The sewer man-holes, if be- 
low the grade, will be built up to the proper height at the 
cost of The City. 


Id., Section 5. 115. The curb-stones, and also the present pavements 
on the exterior lines of the footway stones and in the in- 
tersections, shall be readjusted and brought to the grade 
and lines of the new work; the gutter stones to be taken 
up and the pavement extended to the curb-stones. W hen- 
ever any curb-stones are required, the contractor shall 
furnish them with stone of the standard quality, size, 
form, and conditions required in Section 4 of ‘‘General 
ordinance concerning the improvement of streets.”’ 


STREET IMPROVEMENT. 


751 


116. All paving, whether of stone, wood, or other ma- Id., Section 6. 


terial, necessary to be removed, shall be taken up and im- 
mediately removed from the line of work, the sub-soil or 
other matter (be it earth, rock, gravel, or other material) 
shall then be excavated and removed to the depth of eigh- 
teen or twenty inches below the top surface of the granite 
blocks when completely finished and rammed to place, as 
shown by the drawings on file in the City Engineer’s 
office. Should there be any spongy material or vegetable 
matter in the bed thus prepared, all such material shall 
be removed and the space filled with clean gravel or sand, 
carefully rolled or rammed, so as to make such filling 
compact and solid. Upon the foundation thus prepared 
shall be laid a bed of sharp sand or clean, fine gravel, to 
the depth necessary to bring the pavement to the proper 
gerade. Upon this road-bed shall be spread a layer of 
broken stone eight (8) inches in depth, said stone to be so 
broken that none will measure more than four (4) inches 
in any direction, nor less than two (2) inches, the stone to 
be of hard and durable limestone. This layer of broken 
stone shall then be sprinkled with water and compactly 
rolled, to the satisfaction of the City Engineer, with a 
steam roller of not less than twenty (20) tons weight; the 
sprinkling must be carefully done, so as to only dampen 
the stone sufficiently to procure compactness and bond, 
and not to wet or injure the graded foundation. Upon 
this. road-bed so rolled shall be spread a layer of good 
bond gravel (in the judgment of the City Engineer equal 
to the ‘‘Pumpkin-patch”’ gravel), of not less than two 
inches in depth. 


117. The stone blocks are to be laid transversely with 
the line of the street, and with such crown as the City 
Engineer may direct; each course of blocks shall be of a 
uniform width and depth, and so laid that all longitudi- 
nal joints shall be broken by a lap of at least two (2) 
inches. As the blocks are laid they shall be covered with 
clean, fine sand, which shall be raked until all the joints 
become filled therewith; the blocks shall then be thor- 


Id., Section 7. 


752 


STREET IMPROVEMENT. 


Id., Section &. 


Id., Section 9. 


Id., Section 10. 


oughly rammed to a firm, unyielding bed, with a uniform 
surface to conform to the grade and crown of the street. 
No ramming shall be done within twenty-five feet of the 
face of the work that is being laid. | Whenever the pave- 
ment, for not less than two hundred feet and not exceed- 
ing two hundred and sixty feet, shall have been so far 
constructed as above described, it shall be covered with a 
good and sufficient second coat of clean sand, not less than 
one and a half inches in depth, and shall immediately 
thereafter be thoroughly rammed until the work is made 
solid and secure; and so on until the whole of the work 
shall be well and faithfully completed. 


118. The footway stones across the line of the new pave- 
ment are to be laid, where required, with new footway 
stones, and be dressed so as to form one quarter of an inch 
joints from top to bottom when laid. All the new foot- 
way stones are to be well and firmly bedded on a founda- 
tion of sand or gravel similar in depth and quality and 
preparation to that described in Section 3, and laid with 
joints not exceeding one fourth of an inch in width from 
top to bottom on sides and ends, the courses to be so laid 


that the transverse joints will be broken by a lap of at 


least one foot. So much of the present pavement or car- 
riage-way on the exterior lines of the footway stones as, 
in the opinion of the said City Engineer, may become 
necessary, is to be adjusted to the grade of the footway 
stones. | 


119. All old material which it becomes necessary to re- 
move, excepting the sewer man-hole heads and the frames 
and heads to water or gas stop-cocks, shall be considered 
the property of the contractor, and the same shall be im- 
mediately removed. by him from the line of the work. 


120. All surplus material, earth, sand, rubbish, and re- 
fuse stones, are to be removed from the line of the 
work, block by block, as rapidly as the work progresses. 
Twelve (12) days after the completion of the pavement of 
each block the covering sand shall be swept into heaps 


STREET IMPROVEMENT. 


and immediately removed from the line of the work, and 
unless this be done within forty-eight hours next there- 
after, to the satisfaction of the City Engineer, the work 
will not be considered as completed according to this 
agreement, and if the inspectors have been previously 
withdrawn, they will be replaced on the work until these 
stipulations are faithfully fulfilled. 


121. All the materials herein specified shall be of the 
best description, each in its class. The stone used, 
whether in curb or pavement, shall be of good, hard lime- 
stone. No stone known as ‘‘blue ledge”’ shall be used 
in any part of the pavement. Suitable stone from the 
‘‘Tsland’’ quarries will be received for the laying of the 
broken stone, but not for gutter-stone, unless complying 
with the specification requirements in dimension, shape, 
and joints. All materials, stone or gravel, which may be 
rejected on inspection, shall be removed by the contractor 
without delay, and all broken stone used in the paving 
or foundation shall be broken and prepared for i specs 
tion before delivery on the work. 


122. The contractor shall prosecute his work in a 
prompt and orderly manner, and, when required by the 
City Engineer, shall discharge incompetent employes or 
workmen. Should the contractor fail to execute the work 
in the time stipulated, he shall forfeit his contract, and 
be entitled to no pay for the work done; but the time 
fixed for its completion may, on the written recommen- 
dation of the City Engineer, for causes deemed sufficient 
by him, be extended by resolution of the General Coun- 
cil, and the receiving and apportioning of the cost of any 
work by the General Council after the time when it should 
have been completed shall be regarded as an assent to 
the extension of the time named in the contract. 


123. The-use of the street, or any part of it, by indi- 
viduals or the public shall not entitle the contractor to 
pay for the work done by him unless it shall be received by 
resolution of the General Council. 

48 


Id., Section 11. 


Id., Sections: 
12 andls; 


Id., Section 14. 


754 


STREET IMPROVEMENT. 


Id., Section 15. 


Id., Section 16. 


General or- 
dinance con- 
cerning flag- 
stone gutters 
and curbing 
with concrete 
foundations. 
Ap pt oy ed 
July 18, 1882. 


124. The contractor shall, at his own expense, keep his 
work in good repair during the six months next after its 
reception by the General Council; and should he, in the 
opinion of the City Engineer, be tardy in executing this 
stipulation, the City Engineer may have the necessary re- 
pairs made at the expense of the contractor. 


125. Inspection of the work will be made by the Engi- 
neer or an authorized inspector during its progress. 


126. The following is a specification of curbing and 
euttering done according to Francis Timmons’ patent, 
viz.: After the street is properly excavated and graded 
to a profile furnished by the City Engineer, and when 
curb stakes are given by said Engineer or his representa- 
tives, there will be in a lineal and plumb line with the 
curbing holes made of a proper size and in proper places ; 
after ramming the bottom of said holes properly there 
will be placed in them a bed of four-inch concrete, which 
will also be well rammed ; in said holes and upon said. bed 
of concrete will be set solid blocks of stone twelve by 
twelve inches, and fourteen inches deep; around said 
blocks there will be placed a stratum of concrete, which 
will also be properly rammed, thus rendering the settling 
or shifting of the blocks at any future time impossible. 
In the upper sides of these blocks there will be grooves 
cut six inches in width and four inches deep; in said 
erooves all the ends of the curbing will be neatly fitted 
and set in a bed of good cement-mortar and properly 
erouted. The guttering marked ‘‘C” will be constructed 
of flags from six to seven inches deep, eighteen inches 
wide, and eight feet long, a little more or less; the out- 
side course of flagging, which will form a part of the gut- 
ter as well as a part of the street, will be not less than 
eight inches deep, and from twelve to eighteen inches 
wide, and from two to ten feet long; all the gutter flag- 
ging will be set on a bed of concrete, composed of broken 
stone, clean, sharp sand and hydraulic cement ; curbing to 
be six by eleven inches and eight feet long, and dressed 


—_——— 7-9 


STREET IMPROVEMENT. 


in a proper way. Inthe accompanying drawings the ma- 
terial and workmanship used in constructing the gutters, 
curbing, and block-stone grooved beds for setting the 
curbing in shall conform in every particular to require- 
ments of the general ordinance concerning the improve- 
ment of streets. 


‘ 


fe@s-See CONDEMNATION—CoNTRACTS—ENGINEER—GENERAL CouNCcIL— 
Pusiic WAYS—RAILWAYS—SEWAGE AND DRAINAGE. 


The unreported opinion in the case of Preston et al. v. Obst, Court of Ap- 
peals, February 25, 1875, is as follows: 

“The first objection urged to appellee’s claim is that the ordinance pro- 
vides for the improvement of only a portion of the alley. Section 12, of the 
City charter, authorizes public ways to be improved ‘as may be prescribed by 
ordinance,’ and there is no limitation upon the power of the General Council 
to designate by ordinance what part of the public way shall be improved. 
The second objection urged is that in the ordinance or resolution assessing 
and apportioning the cost among the property-owners was erroneous, because 
the tax district did not comprise one fourth of a square. This error was cor- 
rected by the Vice-Chancellor, but appellant insists that he had no power to 
make the correction, because the apportionment is in the nature of a legislative 
act. The taxes necessary to pay the cost of a street improvement are not 
unpaid by the General Council nor the courts. ‘The legislative enactment, 
to which the municipality owes its existence unaided by any municipal ordi- 
nance, imposes upon the property-owners the duty of paying their propor- 
tions of the expense’ incurred in making an improvement when it has been 
made pursuant to the provisions of the City charter—S Bush, 516. In ap- 
portioning the costs among the tax-payers, the General Council ascertains 
who are liable to pay, and the amount imposed by law upon each person who 
is liable. The correction of the apportionment, and the ascertainment of 
who are legally liable to pay the tax, are the performance of acts guasi-judi- 
cial in their nature, and may be properly performed by the Chancellor. In 
the Broadway Baptist Church case, the apportionment was held to be a min- 
isterial act, subject to judicial revision.—8 Bush, 516. The limits of the tax- 
district were corrected according to the plan indicated by appellant’s, Pres- 
ton’s, principal witness, and redounded greatly to his advantage. We regard 
the apportionment as correct, and are of opinion that neither of the appel- 
lants can complain on account of the action of the Chancellor in that regard. 
No objection was made to the appointment of the Assistant Engineer as a 
special commissioner, and no reason personal to him is now suggested, only 
this report should not have been confirmed and made the basis of the Vice- 
Chancellor’s apportionment The third objection is that a personal judg- 
ment ought not to have been rendered, and that no interest should have been 
allowed. The question as to the personal liability of the tax-payer was con- 
sidered in the Baptist Church case, and this court held him to be personally 
liable under the peculiar provisions of the City charter. Such being the case, 


755 


756 


STREET IMPROVEMENT. 


when he refuses to discharge a personal liability he has no right to complain 
at being required to pay interest from the date of his default. The fourth 
objection is that the assessment is so exorbitant as to show a virtual confisca- 
tion of Preston’s lots. The presumption in all cases is that the property 
taxed is benefitted at least to the extent of the assessment against it. The tax- 
payer resisting the payment of his tax on the ground that it is not so bene- 
fitted, must raise the issue by his answer. No such issue is raised in this 
case. Appellant Preston insists that he should have recovered on his counter- 
claim. He says that he was greatly damaged by the wrongful acts of appel- 
lee, which consisted in his entering upon appellant’s lots adjoining the alley 
and in erecting embankments and supports for the fill constructed in the 
alley, and in leaving on said adjoining property greaé quantities of earth. 
At most, the entry upon the unoccupied lots would entitle appellant to but 
nominal damages, and the proof that he adduced tends to show that the plac- 
ing and leaving earth on the lots was an advantage, rather than injury, to 
them. Neither of the appellants prosecuting an appeal on this record are 
entitled to a reversal, wherefore the judgments against Preston, Gross, 
Schmitt, Mehler & Eckstenkemper, Wedekemper, and Jefferson are each and 
all affirmed.” 


The unreported opinion in the case of Washle v. Nehan, Court of Appeals, 
October 13, 1881, is as follows: 

“Appellee brought this action upon apportionment warrants to recover of 
appellants the amounts assessed against them respectively to pay for the im- 
provement of an alley done by him under a contract with The City of Louis- 
ville, and to enforce liens upon their lots to satisfy his demands. Appellants 
filed a general demurrer to the petition, which was overruled. They then 
filed a joint answer and amended answer, but the Court sustained demurrers 
to both, and rendered judgment against them for the amounts claimed in the 
petition and for a sale of their lots, and they have appealed to this court. 
As appears from a diagram made part of the answer, the alley improved by 
appellee extends from Congress Street west of Twentieth, north less than 
half the distance to Market Street, thence east, forming a right angle, to 
Twentieth Street. The alley is entirely within the southeast fourth of the 
square, and is not touched by a fourth of the square in which the lots of ap- 
pellee are located. The question presented is whether appellants are, by the 
second Section of the act to amend the City charter of Louisville, approved 
February 20, 1878, made liable to assessment to pay for the improvement. 
The twelfth Section of the act establishing the City charter, approved March 
3, 1870, has been frequently construed by this court, and though the second 
Section of the act of 1878 was passed in lieu of it, there is no difference be- 
tween the two in respect to assessments to pay for the original construction 
and improvement of public ways in that City. In both acts it is provided 
that ‘such improvements shall be made at the exclusive cost of the owners 
of lots in each fourth of a square, to be equally apportioned by the General 
Council according to the number of square feet owned by them respectively, 
except that corner lots, say thirty feet front, extending back as may be pre 


_ seribed by ordinance, shall pay twenty-five per cent. more than others for said 


improvement.’ The object of the legislature in thus localizing taxation for 
such purposes is to require each improvement to be made at the cost of those 
presumed to be specially and directly benefited by it, and to prevent arbi- 


STREET IMPROVEMENT. 


trary and unequal assessments without equivalent advantages, and according 
to the only reasonable construction of the acts, and the one heretofore uni- 
formly given by this court, the relative location of the fourths of squares, and 
not of the lots, determines what property is liable to assessment for each im- 
provement. Inthe case of Schmelz v. Giles, 12 Bush., 494, this court uses the 
following language: ‘It was the intention of the legislature that each im- 
provement should be made at the cost of each contiguous fourth of a square. 
The reason for such rule of assessment is obvious, the effect its operation is to 
charge the cost upon the property which is most benefited by the improvement, 
and which ought, therefore, in justice to pay it. The same principle, we 
think, not only can, but ought to be applied in making assessments for im- 
provements in the interior of a square. ‘The contiguous property is more 
benefited by the improvement of an alley, and should pay for it for the same 
reason.’ There is no distinction made by the act of the legislature between 
streets and alleys; the rule by which to determine what property shall be 
assessed for improving one applies to the other. Counsel for the appellants 
refers to the case of Schmelz v. Giles et al., supra, to sustain the judgment of 
the Chancellor, in which case the alley extended through a square, and though 
dividing it into unequal parts, the lots assessed were contiguous to the alley. 
In this case neither the lots of appellants, or the fourths of squares in which 
they are located, touch the alley improved; besides, on account of the pecu- 
liar shape of it, none but those whose property front upon it will be benefited 
by it. Weare of opinion the lots of appellants, not being in a fourth of the 
square contiguous to the alley, are not liable to assessment to pay for improv- 
ing it, and the Chancellor erred in overruling the demurrer to the petition 
and in sustaining the answer and amended petition. Wherefore the judg- 
ment is reversed, and cause remanded for further proceedings consistent with 
this opinion.” 


Other judicial decisions as to the rights and labilities of The City, the con- 
tractor, and the property-owner, in regard to street improvement, will be 
found in the notes to Chapter xxxvi. ante, to which Chapter the one forego- 
ing is, in fact, merely supplemental. 


757 


GN BAW wel BY ed eee el EN 


TAXATION. 


GON DEAN ES. 


1. The general scope and effect of 
the tax law. 

2. Taxes which are to be levied; 
license assessment and collection. 


3. Annual levy of ad valorem tax 
by the Council; rates of said levy. 


4. Rate of taxation in case of the 
Council’s failure to pass ordinance, or 
in case the ordinance prove invalid 
or inoperative 

5. 
erty. 


Taxable real and personal prop- 


When and how investments of 
resident persons and corporations are 
to be taxed. 


Exemptions from taxation. 


8. Household goods; head-tax; 
residence of corporations; assessable 
property of persons, firms, and cor- 
porations doing business in The City. 


9. Corrections in assessments; 
omissions, and liability of Assessor 
therefor. 

10. Complaints of over-assessment ; 
Board of Equalization, duty, member- 
ship, compensation, quorum, mem- 
bers pro tem.; failure to elect a Board 
or the Board’s failure to meet not to 
render tax-bills void, provision; jour- 
nal. 


11. Assessor to make out bills in 
December of each year and list them 
with the Receiver by January 3d; 
bills payable January 3d and due 
May lst; head-taxes and taxes on 


personalty and investments, how may 
be listed. 


12. Arrears; defects in past assess- 
ments remedied; assessment upon ex- 
tended values; statute of limitation 
not affected; rates. 


13. Judgments in suits to recover 
arrears prohibited until June 15, 1884, 
and until the Board of Equalization 
shall have met and acted. 


14. Establishment of the Board of 
Equalization ; election , compensation, 
oath, quorum, sittings, vacancies, pro- 
ceedings, sessions, powers, and duties. 


15. Interest on unpaid tax-bills and 
judgments thereon. 


16. Collection 
taxes; reductions 
ment of bills. 

17. Bills unpaid after May Ist to 
be deemed debts due The City, and 
recoverable as such; bills against per- 
sonal representatives; rate of interest. 


and payment of 
allowable on pay- 


Duties of the Receiver of Taxes 
ae his deputies in collecting taxes; 
distraints; warrants issuable by the 
Clerk of the Board of Councilmen; 
fees and commissions. 


19. Levy of distress-warrants ; pri- 
ority; returns. 

20. Fiduciaries and agents of non- 
residents required to pay taxes out of 
the net incomes from property man- 
aged by them, with interest, in prefer- 
ence to beneficiaries or employers; 
default. 


21. List of delinquents; distraint 
of rents for taxes on lands or im- 
provements; notice. 


22. List of unpaid bills to be fur- 
nished the City Attorney and suits in 
chancery to be brought thereon by 
him; proceedings in such suits; com- 
pining small bills with others; City’ s 
interest for taxes in suits between 
third parties; omissions by the Tax 
Receiver. 


TAXATION. 


T59 


23. Proceedings to recover taxes for 
years prior to September, 1883; sales 
and purchases. 

24. eLien for City taxes. 

25. Restriction as to distraint and 
sale of property of infants and per- 
sons of unsound mind. 

26. Relief and redress against un- 
lawful distraint or garnishment. 

27. Moneys recovered by The City 
in tax litigation to be paid directly to 
the Tax Receiver. 


28. The office of Back-tax Collector | 


abolished; collection of unpaid bills; 
appropriation of proceeds. 

29. Disabilities of delinquent tax- 
payers. 

30. Annual settlements by the Tax 
Receiver. 

31. Existing laws as to officers’ 
bonds, and the Assessor’s and Re- 
ceiver’s offices continued in force. 

32. Repealer. 

33. Effect upon the act of same 
title, approved April 25, 1884. 

34. When to take effect. 

35. Amendments to the act of 
April 25, 1884, in reference to retail- 
ers’ license and the Tax Receiver’s 
duties as to delinquents. 

36. Application and effect of the 
amendment. 

37. Official acts of Messrs. Meddis, 


Hansbrough, and Mullikin, as a 
Board of Equalization, legalized. 
38. Fiscal year. 
39. Effect of act. 
40. Defects in 
taxes of 1883-4. 
41. Board of Equalization author- 
ized; duties. 
42, Bills of 1883-4 enforceable and 
binding. 
43. Effect of act. 


44, Exemption of property belong- 
ing to cities and towns. 


assessments and 


45. Railroad depots, efc., and the 
property of bridge, express, and trans- 
fer companies, subject to taxation. 

46. Exemption of the property of 
the Board of Trade. 

47. Exemption of the property of 
the Young Men’s Christian Associa- 
tion. 

48. Household furniture to 
value of $300 exempted. 


the 


49. Stock of manufacturing and 
commercial corporations exempted. 

50. Who shall be deemed residents 
for the purposes of taxation. 

51. When the act to take effect. 

52. Savings deposits in banks ex- 
empted. 

538. Effect and application of the 
act. 


1, The revenues of The City of Louisville arising from 
sources other than taxation are not affected by this act: 
All taxes already levied or imposed under existing laws 
and not yet paid, remain payable, as if this act had not 
been passed, unless the contrary be hereinafter provided. 


2. Hereafter the following taxes shall be levied: An 


ad valorem tax on lands and improvements and on cer- 
tain kinds of personal property ; a license tax on certain 
trades and occupations and the use of certain articles; a 
head tax of two dollars a head on all resident males more 
than twenty-one years of age. The ad valorem and the 
head tax shall be collected by the Receiver of City Taxes, 
who is to hold office, and whose successors shall be elected, 
under existing laws. The assessment and collection of 


An act to 
revise and 


amend the tax 
laws of The 
City of Louis- 
ville. vA p= 
proved May 12, 
1884. Art. i; 
Sec. 1. 


Id., Section 2. 


760 


Id., Section 8. 


TAXATION. 


license taxes is to remain, in accordance with those laws, 
in the hands of the Commissioners of the Sinking Fund.! 


3, The General Council shall, in each calendar year, as 
early in the month of December as practicable, by ordi- 
nance, levy an ad valorem tax not exceeding the follow- 
ing rates: For City purposes proper, not more than eighty- 


1THE NATURE AND OBJECT OF TAXATION, and the spirit of justice and 
equality which pervades the constitution, necessarily prescribe an impassable 
boundary to this legislative power, which, more than any other, is constantly 
exercised and felt, and is always liable to be perverted and abused. The 
limit is, that acommon burden should be sustained by common contributions, 
regulated by some fixed general rule, and apportioned according to some 
uniform ratio of equality. Thus, if a capitation or personal tax be levied, it 
must be imposed on all the citizens equally and alike; or if an ad valorem or 
specific tax to be laid on property, it must bear equally, according to value 
or kind, on all the property, or on each article, of the same kind, owned by 
every citizen; and no citizen or class of citizens, owning any property of the 
kind subjected to taxation, can be exempted constitutionally on any other 
ground than that of valuable and peculiar public services; for otherwise, 
one man, ora set of men, might be entitled to enjoy exclusive privileges, or 
legal exemptions, which are substantially the same, without the only consti- 
tutional consideration: public services.—Sutton’s Heirs v. The City of Louis- 
ville, 5 Dana, 28. There may be discrimination in the subjects of taxation, 
but there must be uniformity in the tax upon the selected subjects; no indi- 
vidual’s property can be subjected to a heavier tax than others are required to 
pay on property of the same description, and no one can be exempt but in con- 
sideration of public services. The imposition of a public burden, in which these 
principles are departed from, is not properly the levying of a tax, but the tak- 
ing of private property for public use contrary to an express provision of the 
constitution.— City of Lexington v. McQuillan’s Heirs, 9 Dana, 518. Municipal 
corporations can levy no taxes, general or special, upon the inhabitants or their 
property, unless the power be plainly and unmistakably given; such authority 
is wholly statutory and must be strictly pursued, and this rule applies to 
assessments for local improvements.— Caldwell and others v. Rupert and others, 
10 Bush, 179. Hence, statutes conferring authority to tax will be strictly and 
not liberally construed; they are never more than a mere vehicle of authority 
from the State which, inits sovereignty, originates alltaxation save federal tax- 
ation. <A local public can originate no tax of any description whatsoever.— 
See Caldwell and others v. Rupert and others, supra, and Kniper v. Louisville, 7 
Bush, 599, A departure in any material part from the statute of delegation 
will be fatal to the attempt by the local authority to exercise the power of 
taxation.—Judge of Campbell County Court v. Taylor and others, 8 Bush, 206. 
In collateral proceedings, the presumption may sometimes be indulged that 
taxation has been legally imposed; but where’ the action of the ministerial 
and judicial officers, whose duty it is to impose it, is called directly in ques- 
tion by the tax-payers, and their authority and jurisdiction denied, such pre- 
sumption does not and can not arise.—Bate and others v. Speed and others, 10 


— 
—=—=—— se 


a ee ee 


TAXATION. 
five cents on each one hundred dollars ; for the support of 
the High Schools and common schools, not more than 
thirty cents ; for meeting the principal and interest of the 
bonds issued to the Elizabethtown and Paducah and the 
Louisville, New Albany, and St. Louis Railroad, not 
more than thirty cents and a half; for the use of the Sink- 


Bush, 644. What the law requires to be done for the protection of the tax- 
payer is mandatory, and not directory.—B. G. § M. R. R. Co. v. Warren 
County Court, 10 Bush, 711, The power to tax isa high governmental power, 
and where the legislature grants it to another tribunal it can only be exer- 
cised in strict conformity to the terms in which the power is granted, and a 
material departure will be fatal to the attempt to exercise it—Jb. The power 
to sell real estate for City taxes, if not granted in express words in the char- 
ter of The City of Louisville, must necessarily be implied from the language 
used; a municipal corporation can not, without authority, express or neces- 
sarily implied, make valid ordinances whereby the collection of taxes may be 
enforced by distress, or by the sale and conveyance of real property; and au- 
thority to convey can not be implied from the authority to sell; the power to 
sell for taxes, whereby the citizen is divested of his property without his con- 
sent, is a high prerogative power, and must be strictly pursued, or it will be 
ineffectual; the sale of real estate for City taxes in Louisville vests the pur- 
chaser with an equity which, after the expiration of the period limited for 
redemption, will enable him to coerce a conveyance from the holder of the 
legal title-—Johnston v. Louisville, 11 Bush, 527. To enable The City of 
Louisville to assert and enforce her right to a lien for taxes upon property 
within her limits, it is indispensably necessary that a compliance with the 
prerequisites of the statutes conferring the lien should be averred and proved. 
It will not do to allege simply that the taxes are due and unpaid. It should 
be expressly averred that the taxes had been regularly and lawfully assessed 
upon the property.—City of Louisville v. Bank of Kentucky, 3 Met., 148. 
Where the taxing power 1s conferred upon a municipal corporation it must 
be exercised within the limits of direct authority; no inference or presump- 
tion can be indulged to extend it beyond what is positively granted.—City of 
Paris v. Moran and others, Superior Court, October 30, 1883, unreported 
So, an act authorizing the city of Paris to levy a tax for school purposes 
upon the assessed property within the city must be construed as embrac- 
ing only such property as could be legally assessed by the corporation 
for other purposes, and does not include lands used for farming pur- 
poses, which are generally subject to such taxes.—Jb. The extension 
of the limits of a town, whereby the property of an individual has 
been brought within the corporate limits without his consent, and sub- 
jected to taxation for town purposes, is no infraction of the constitution 
by taking private property for publice use.—Cheaney v. Hoozer, 9 B. Mon., 
330. But this power may be abused by an unreasonable extension of the 
town limits, so as to embrace farms, ete.—Jb. And the power of opening 
streets and alleys in grounds so annexed may not exist, if such ground has 
not been dedicated by the proprietor, without just compensation having been 


761 


762 


TAXATION. 


ing Fund, not more than forty cents; for the House of 
Refuge, not more than five cents ; for cleaning and repair- 
ing sewers, not more than two cents; for cleaning and 
repairing public ways, and including footways and cross- 
ings, not more than thirty cents; for reconstruction of 
carrlage-ways of streets and alleys, in conformity with 


made.—Ib. Though the legislature may have the power constitutionally to 
extend the limits of towns and cities, and include adjacent lands without the 
consent of the owner, and which are not laid off into lots, and used as town 
property, yet the town or city can not tax such property as town property 
and subject it to city burdens without the consent of the owner, until it shall 
be laid off into lots, e¢c., and used as town property, when such parts so laid 
off may be taxed.—City of Covington v. Southgate, 15 B. Mon., 491. S. owned 
an improved lot of nine acres in extent in the town of West Covington, and 
refused to pay town taxes thereon, alleging that, as a part of it was in culti- 
vation, it was only farm land; held, that the constitutionality of the act in- 
corporating the town was not to be disputed, and all the property embraced 
within its limits must contribute equally to its resources. Whether the land 
in question was used for one purpose or another is wholly immaterial; the 
law has fixed a more certain and less fluctuating test for determining so 
important a right as that of municipal taxation; and if it were not so, there 
might be reason to apprehend that town and city lots would become very 
generally and speedily converted into farms by devoting a portion, however 
small, to agricultural purposes, for it is supposed that the principle contended 
for would not be affected by the size of the lot, nor by the quantity of land 
so cultivated. This, after examining and approving the Cheaney-Hoozer, 
Covington-Southgate, and the two Dunavan cases. See Maltus v. Shields, 2 
Met., 553. Arbegust was the owner of thirty-one acres of land within the 
corporate limits of Louisville, and desired to use the tract for agricultural 
and horticultural purposes, and not divide or subdivide it into town lots; the 
denial of The City’s legal right to tax the land for municipal purposes made 
a question for the courts, and the solution was that the tax might be legally 
and justly levied.—Arbegust v. City of Louisville, 2 Bush, 271. The Court of 
Appeals in the Arbegust case gave the following statement of the established 
principle in this class of adjudications: “The population east, west, and 
north of this land is sparse for some distance; but on the south and opposite 
side of the denser population there is a settlement known as Califoruia, in- 
cluding residences and business houses, and the population is increasing and 
encroaching all around. The object of this extension of the jurisdictional 
limits of The City, as derived from the various enactments and the extrinsic 
evidence, was to give local government and police regulations to the then 
important and rapidly increasing suburban population; and the witnesses 
concur in the opinion that this was advantageous to appellant as well as the 
others included. The protection of this accumulating border population, by 
giving to them a local government and the benefits of its police regulations 
being the real object, and not the mere taxation of their property in order to 
increase the revenues of The City, distinguishes this from that of Southgate’s 


- 
ee ee ee 


TAXATION. 


Section 6 of the charter amendment act, approved Febru- 
ary 20, 1873, not more than twenty-six cents. For bonds 
under the ordinance and vote of 1883, not more than 
twelve cents. (The three last named taxes may be levied 
at different rates for the Eastern and Western Districts. ) 


763 


4. If in any year the General Council shall fail to pass 17, Section 4. 


ease, 15 B. Mon., 491. That this suburban population have had the benefits 
of this local government, with all its incidental advantages, for many years, 
is certain; and whether the revenue now derived from them would be 
adequate to discharge the increased expenses of The City on this account, re- 
mains quite uncertain. The property-holders within the previous taxable 
limits of The City have assisted to support this local government, and 
extended its blessings to the suburban population for a long time, with 
commendable patience and liberality; and it is not at all surprising that they 
should desire that those enjoying its benefits should bear a reasonable portion 
of its burdens; and that this should seem both reasonable and just to the legis- 
lature is but natural. When in the judgment of the- legislature the interest 
of asurburban population demands local regulations, and the peace, tranquil- 
ity, and order of the public indicates that such is necessary, we can not doubt 
- its constitutional power to so enact, nor question its power to tax for such 
purposes the real as well as the personal estate of the people,nor the large as 
well as the small lots included therein; for it is more consonant with the en- 
tire genius, equality, and justice of our constitution and laws, that each should 
bear the burdens of that government which protects his person and prdperty 
according to the worth of his estate, than to discriminate against the small in 
favor of the large property-holders. But whatever may be said of the in- 
trinsic justice of such measures, there is no power in the courts to control this 
when the taxing power is conferred in good faith to uphold local government 
and give police regulations to the population and not merely to embrace tax- 
able property for revenue purposes in order to lighten the burdens of others. 
And these are the principles heretofore announced and adhered to by this 
court in a train of decisions.”—Arbegust v. Louisville, 2 Bush, 271; Cheaney 
v. Hoozer, 9 B. Mon., 330; Sharp's Executor v. Dunavan, 17 B. Mon., 223; 
Maltus v. Shields, 2 Met., 553; Covington v. Southgate, 15 B. Mon., 291, 
The subjection of land included in the town extension to the burden of 
a municipal tax is not considered an unlawful appropriation of private 
property to public use, unless the legitimate object of improving the 
town shall have been palpably perverted to the unauthorized purpose only 
of lessening the burden of taxation on the inhabitants who shall not be other- 
wise benefited by the extension.— Swift § Co. v. City of Newport, 7 Bush. 37. 
Property not liable to assessment on the first of January for city purposes, 
may still be assessed and taxed for that year by an act of the State legislature 
thereafter passed extending the city limits; the charter and ordinance relat-* 
ing to the regular annual assessment contemplate assessment for the year of 
property owned by the person at the time of the assessment, although the act 
extending the limits of the city and the ordinance directing the assessment 


764 


TAXATION. 


a levy ordinance, or if the levy ordinance in any year shall 
be invalid or inoperative, the rate of taxation for the suc- 
ceeding year shall be as follows, and any tax bill made 
by color of an invalid levy ordinance shall be valid to that 
extent: For City purposes proper, seventy-five cents on 
each one hundred dollars’ worth of property subject 


were both passed after January 1.—Ib. It has been decided that certain 
farm-land in the municipal limits of Henderson, being exempted from city 
taxes by the State legislature, was also exempt from a special railroad tax, 
but was not exempt from the payment of a school tax.—*City of Henderson v. 
Lambert, 8 Bush, 607. There the act containing the express exemption was 
made a law one month previous to that imposing the railroad tax, and the 
court held that, as the two acts related to one subject—taxation in the city of 
Henderson—they must be construed as one entire act; and to make a latter 
provision repeal a former there must be an express declaration of that inten- 
tion, or an absolute inconsistency.—Jb.; and Peyton v. Moseley, 3 Mon., 80 
In order to subject real property within the corporate limits of a town or city 
to taxation for ordinary purposes, there must be both benefits, actual or pre- 
sumed, to such property, derived from the municipal government, and a 
town or city population on or near it, creating a necessity or at least render- 
ing it not unreasonable that the local government should be extended over 
it; but, if, considering the location of the property with respect to actual 
population, it plainly appear that it is not near enough to require municipal 
government, and has not been laid out into lots, it could not be profitably used, 
it ought not to be subjected to taxation for town or city purposes.— Courtney 
v. Louisville, 12 Bush, 419. The facts of each case must control the applica- 
tion of the rule. Where a part of the land sought to be taxed for municipal 
purposes was used as pasture land, a part for dairy purposes, a part for gar- 
dens, and a part for ordinary agricultural purposes, and some was yet 
in the commons, it was held that the proximity of the land to the city 
gave its dairymen, its gardeners, and its owners such advantages as justify 
its taxation. The mere fact of the land’s being used for agricultural 
purposes can not exempt it from taxation for municipal purposes.—Bar- 
rett, Trustee, v. Godshaw, Court of Appeals, April 5, 1884, unreported. 
-The City of Louisville has no power to tax the bridge of the Louisville Bridge 
Company, extending from a point within the municipal limits across the Ohio 
to the Indiana shore, although the City’s limits extend to and over the bridge. 
A municipality has no power to tax property not benefited by the City gov- 
ernment.—Lowisville Bridge Co. v. City of Louisville, Court of Appeals, May 
26, 1883 ; separate and dissenting opinions. Taxation by a local corporation 
for a local purpose, and tending to promote the local prosperity, is within the 
scope of the corporate powers of city corporations, when sanctioned by the 
legislative authority, though not consented to by each individual to be affected 
“thereby, the will of the majority is to govern when it is referred to the decision 
of those to be affected— Talbot v. Dent, 9 B. Mon., 526. The legislature has 
constitutional authority to grant the power to tax the property in towns. or 
cities for the construction of works of internal improvement, for facility of 


TAXATION. 

thereto; for school purposes, thirty cents; for subcrip- 
tion to the Elizabethtown and Paducah, and Louisville, 
New Albany, and St. Louis Railroads, as long as these 
taxes are needed, thirty cents; for the Sinking Fund, 
forty cents; for the House of Refuge, two cents; for 
cleaning and repairing public ways, eight cents ; for clean- 


access to and transportation to and from the town or city; a railroad to a 
city is such a work.—I. The power of the legislature to impose local taxa- 
tion for the accomplishment of local purposes can not be denied. It is dedu- 
cible from the general powers of the government, not, however, to be exercised 
by any portion of the people without legislative consent, and except under 
legislative authority; and it is no objection to the mode of exercising that 
power that it is referred to the consent of those to be affected by its opera- 
tion.—Slack v. Maysville and Lexington R. R. Co., 13 B. Mon., 1. Legislative 
judgment and discretion control in establishing tax-districts and in determin- 
ing the objects to be taxed to aid in the construction of railroads through 
such districts—McFerran v. Alloway, 14 Bush, 580. Whether the lands of 
particular individuals, located in the district defined by the legislature, receive 
any direct benefits from the railroad is not a question to be inquired into by 
the courts.—Jb. Six-mile Island, in the Ohio river, lying within a particular 
precinct in Jefferson County, is taxable for special railroad purposes, though 
the owner derive no benefit from the road.—_Ib. A general law concerning 
persons may include artificial as well as natural persons; and every corpora- 
tion—including the United States, each separate State, and each County—is, 
in law, a person.—City of Lowisville v. Commonwealth, 1 Duv., 295. And a 
private corporation, like a bank, railroad, or turnpike company, is, in the 
technical sense, personal; but a municipal corporation, like a State, County, 
or The City of Louisville, while nominally a person, is virtually a political 
power.—_Ib. The tax law of Kentucky applies to persons only, and not to 
political bodies, exercising in different degrees the sovereignty of the State.— 
Ib. The legislature would not, by herself or by her authority conferred on 
another, deem it sound policy to levy a tax so exhorbitant as to destroy or 
materially impair a franchise which she has granted.— Wendover v. City of 
Lexington, 15 B. Mon., 258. The right of taxation is a sovereign right and 
is not to be considered as waived as to the property of a corporation unless 
expressly waived, though the share-holders may reside out of the State where 
the corporate property is situated.—Lowisville and Portland Canal Company 
v. Commonwealth, 7 B. Mon., 160. The payment of a tax or license of twenty- 
five dollars on each car employed by the Louisville City Railway Company 
to The City, as required by the Company’s contract with The City, in which 
certain franchises are secured to the Company, does not exempt the said Com- 
pany from the payment of an ad valorem tax on its property, horses, stables, 
etc., which are assessable for municipal purposes.—Lowisville City Railway Co. 
v. City of Louisville, 4 Bush, 478. The exaction of ten per cent. for non-pay- 
ment of the assessed tax within a prescribed time is not a penalty, for enfore- 
ing which an indictment or other judicial process is necessary; but it is only 
a provisional and valid increase pro rata of the assessment, like the assuring 


765 


766 TAXATION. 


ing and repairing sewers, one cent; for reconstruction of 
carriage-ways, six cents; for bonds, under ordinance and 
vote of 1883, twelve cents; in each case on the one hun- 
dred dollars’ worth of property subject to such tax. 


Id., Section 5. 5. The aggregate of all taxes named in Sections 3 or 4 
of this article shall, as of the first day of September in 


provision in a bond tor the payment of a debt on a particular day; prescrib- 
ing the additional payment of ten per cent. in the event of failure to pay on 
the day. Such a contract has often been adjudged to be legal and en- 
forceable.—Ib. The legislature may create a district for the purpose of taxa- 
tion or assessment without reference to existing civil or political districts —— 
County Judge of Shelby County v. Shelby R. R. Co., 5 Bush, 225; Lexington 
v. McQuillan’s Heirs, 9 Dana, 513; Cheaney v. Hoozer, 9 B. Mon., 348. 
A railroad with a chartered privilege of building branch roads, and taxed in 
proportion to the amount of its capital stock by a provision in its charter, 
built an extensive branch without increasing the amount of its stock; held, 
that the branch road was subject to taxation.—Lou., Cin. and Lex. R. R. Co, 
v. Commonwealth, 10 Bush, 43. Though the legislature of the State may cre- 
ate corporations, and in consideration of their assuming liabilities and du- 
ties grant them rights and privileges that no legislation can afterward, with- 
out the consent of the parties interested, impair or diminish, yet the taxing 
power of the State, being of vital importance and an essential attribute of 
sovereignty, is never presumed to be relinquished unless an intention to re- 
linquish is expressed in clear and unambiguous ‘terms.—Jb, And when a 
charter imposes certain taxes on a corporation no presumption will arise 
thereupon that the State legislature has contracted that no additional taxa- 
tion shall be imposed.—Ib. Property of a railroad company in the limits of 
towns may be assessed and taxed for municipal purposes; but the cars of the 
company are not subject to seizure and sale by a ministerial officer to satisfy 
such taxes.—E. f& P. R. R. Co.v. Trustees of Elizabethtown, 12 Bush, 233. The 
sale of two freight cars levied on by a town marshal for town taxes was per- 
petually enjoined; the collection of such taxes can be enforced only by a 
court of equitable jurisdiction, Jike the claims of creditors of the company.— 
Ib. A railroad is an entire thing, not legally subject to coercive severance 
or dislocation; the locomotives, cars, e¢c., are treated as fixtures of the road.— 
Ib, Citizens of another State exercising in Kentucky corporate privileges 
granted by such other State may be taxed in Kentucky.— City of Lexington 
v. Milton, 12 B. Mon., 212. And a State has the power and right to impose 
upon corporations chartered by other States a tax for the privilege of trans- 
acting business in such State, even though no such burden be imposed upon 
similar corporations chartered by its own legislature.—Ib. The question being 
whether the city of Lexington could, under its charter, tax money and 
choses-in-action belonging to one of its inhabitants, and especially choses-in- 
action due by persons residing elsewhere; held, that the power of taxation 
as conferred on the city authorities extended only to the property and estate 
within the city, and that the property referred to was visible property, actu- 


~ 


TAXATION. 


each year, be imposed on lands, such improvements upon 
land, as would, if made by the owner, pass to his heirs as 
real estate, and upon the following enumerated articles of 
personal property found as located in said City: <All 
household goods, including, besides those commonly 
known as such, gold and silver plate, pictures, statuary, 


ally situated within the city, and not such estate as had merely a legal or 
constructive status, and which is regarded, for some purposes, as being with 
its owner, wherever he is domiciled; no estate, except such as was actually 
within the city, or merely absent for temporary purposes, which was visible 
in its character, or was specified in the charter, was deemed subject to taxa- 
tion by the city authorities.— Johnson v. City of Lexington, 14 B. Mon., 648. 
Personal estate of infants residing in Jefferson County, outside The City of 
Louisville, in the hands of their statutory guardian residing in The City, is 
not subject to taxation in said City for municipal purposes, or for the benefit 
of public schools in said City, ete-—City of Louisville v. Sherley’s Guardian 
and others, Court of Appeals, February 11, 1882. The proper place to list 
personal property in this State, or rather its value under the equalization 
clause, is in the county where the owner lives, and the personal property of 
infants living in Jefferson County, outside of The City of Louisville, should 
be listed with the assessor of that county, and subject to taxation for State 
and county purposes, but not for the support of the Louisville City govern- 
ment.—Ib. 

STaTurEs AND LirrgatTion.—A charter provision authorizing a tax “upon 
such real and personal estate” as the city authorities might designate, does 
not allow a tax upon choses-in-action.—City of Covington v. Powell, 2 Met., 
226. Authority conferred on the General Council of Louisville to tax real 
and personal estate within The City does not authorize that body to assess or 
tax money, debts, and choses-in-action.—Lowisville v. Henning § Speed, 1 
Bush, 381, And, where the trustees of Glasgow had been authorized by law 
“to levy an ad valorem tax on the property, both real and personal, within 
said town, that is listed for State purposes,” and also on “the taxable prop- 
erty which may have been removed without” the town limits “for the pur- 
pose of evading the tax,” it was held that money or other substantial thing 
in bank, or in actual possession of its owner, within the town limits, was sub- 
ject to the local tax, and that such as was elsewhere was not so subject.— Trigg 
v. Trustees of Glasgow, 2 Bush, 294. When a city is authorized “to levy a 
tax upon the tax-payers of the city, taxable under the revenue laws of the 
State,” such tax must be levied as of the date, and upon the same persons and 
property as prescribed by the revenue laws of theState. “'Tax-payers of the 
city, taxable under the revenue laws of the State,” designates both the person 
and subject of taxation— Barret § Co. v. City of Henderson, 4 Bush, 255. 
When, as in Howell and others v. Bristol and others, 8 Bush, 493, the most 
probable, if not the necessary, consequence of the law is to produce the 
most oppressive inequality, and to compel as mall minority of tax-payers to 
provide, at their sole expense, an improvement of general untility and pub- 
lic interest, the construction of which costs more than double as much as 


767 


768 


TAXATION. 


and private libraries, and domestic animals in excess of 
three hundred dollars in value; all gold and silver watches 
and chains, pianos and musical instruments kept for the 
ownel’s use ; carriages and vehicles of all kinds thus kept, 
for which a license has not been paid for the year embrac- 
ing the first day of September in question; and all the 


the character of such improvements in general use, and from which, when 
constructed, the general public derives almost as much advantage as them- 
selves, it assumes the character of an attempted exercise of arbitrary power 
over the property of this minority, it becomes, in the constitutional sense, a 
taking and appropriation of their property for public use without compensa- 
tion—no such power over the property of the citizen can be constitutionally 
exercised by any department of our State government.— Howell and others v. 
Bristol and others, supra. The duty of supervisors of tax-books of examin- 
ing and correcting assessments is ministerial, and. not judicial.— Rennick »v, 
Curry, Court of Appeals, November 15, 1877, unreported. A court of equity 
will not, however, enjoin the collection of a tax upon the mere ground of 
irregularity in the assessment.—Ib, The purchaser of lands at a judicial 
sale in The City of Louisville, being permitted by the court to retain the 
amount of taxes due The City and deduct the same from the purchase price, 
is required by judgment in this case to pay such taxes to said City.— Kaye ana 
others v. City of Louisville, Court of Appeals, January 17, 1882, unreported. 
Actions to sell real estate for taxes due The City of Louisville may be main- 
tained by said City.— Neal and others v. City of Louisville, Court of Appeals, 
February 4, 1882, unreported. In this case The City recovered judgment to 
sell the lots, and at the sale became the purchaser; the sale was confirmed, 
deed made to The City, a writ of possession issued, and The City was put in 
possession; held, that a mistake in the commissioner’s deed in describing the 
lots sold under the decree, to pay taxes, is corrected and the title of the pur- 
chaser quieted, ‘and the counter-claims and petitions of the defendants assert- 
ing title and right to possession as against the purchaser are all dismissed.— 
Ib. The judgment directing the sale of the lots to pay the taxes due The 
City, and the sale made under that judgment barred the claim of the defend- 
ants, in that action, both in their counter-claim, in the action of the purchaser 
to correct the commissioner’s deed and quiet the title, and their separate ac- 
tions to recover the title and possession from such purchaser.—Ib. The char- 
ter of Covington was amended so as to provide that ‘all actions to recover 
from said city the amount of any taxes or assessments which have been or may 
be illegally or erroneously collected, shall be prosecuted within six months 
after the cause of action arose, and not afterwards.” This statute was held 
to be constitutional, valid, and enforceable, and the limitation must run re- 
gardless of the time of discovery that the tax was illegal or erroneous; it 
applies, too, to every case where the citizen has paid taxes which the city has 
no right to exact.—City of Covington v. Voskotter, Court of Appeals, April 6, 
1882. The Board of Commissioners of Taxes and Assessments in Louisville, 
being required by the statute to cause notice to be give as required by the 
statute, and such notice being given by the assessor, and not caused to be 


TAXATION. 


furniture (including safes and carpets) and professional 
libraries in stores, offices, and other places of business ; 
also the polesand wires, mains and pipes, posts and lamps 
of those engaged in furnishing gas or electric light, and 
of telegraph and telephone companies, and the tracks of 
street railroads. 


given by said board, was invalid, and for this reason the payment of the taxes 
sued for is unenforceable-—Dumesnil and others v. City of Louisville, Court of 
Appeals, June 17, 1882. Notice required by law must be given by the per- 
son or persons required to give it, otherwise it is invalid and ineffectual.—I6. 
See Ormsby v. Louisville, 79 Ky., 197. The incidental and unavoidable re- 
sults of a tax law can not be made a test of its validity by the courts 

it is only when statutes are passed which impose taxes on false or unjust 
principles, or operate to produce gross inequality, that the Courts can 
interfere.— Livingston v. Paducah, Court of Appeals, January 27, 1873. 
Under an amendment to the charter of Paducah, which provides that real 
estate shall be liable for taxes assessed against it or against the owner thereof, 
if the return of the assessor show substantially an assessment against the 
specific property sought to be subjected, the fact that the property is entered 
upon the assessor’s books in the name of one person, when it is in fact the 
property of another, is a mere irregularity that does not affect the assessment 
or the liability of the property therefor.—Husbands and others v. City Padu- 
cah, Court of Appeals, May 17, 1883, unreported. Although the charter of 
Paducah provides that levies for taxes shall be first made on personal prop- 
erty, then on real property of the assessed, the levy and sale of the realty for 
the tax thereon, when the tax-payer has sufficient personal property, is not 
void, as it is also provided that real estate against which an assessment is made 
is liable to be subjected to the payment of the tax, and for the further reason 
that the collector, having the same rights, powers, and duties in the collection 
of taxes as a sheriff, a levy and sale by him, as by a sheriff, is not void on 
account of such irregularities—J/6. An act which provided that in an action 
by a city to recover taxes, a particular form of petition, insufficient to show 
any right in the city to collect the taxes, shall be sufficient; that the defend- 
ant shall be cut off from all except two defenses—that he has paid the taxes 
or that the property was not taxable; that copies of notices shall be conclu- 
sive evidence that such notices were mailed with postage prepaid as required 
by the charter—is unconstitutional; it deprives the tax-payer of his property 
without due process of law.—City of Lowisville v. Cochran et al., Court of Ap- 
peals, April 5, 1884. When in an action by others to sell property The City 
of Louisville intervenes, claiming a lien for taxes, The City has the election 
to file written pleadings setting forth the facts constituting its cause of action, 
and when it does so they are to be regarded as the statement of the claim 
and as abandonment of the right to have its claims determined without. 
pleadings. Its rights, when this work is adopted, are to be determined by its 
pleadings.—Danber, Administrator, v. City of Louisville, Superior Court, 
April 16, 1884, unreported. Imposing a tax is not contracting with the 
tax-payer. 

49 


Bradley v. McAtee and others and City of Louisville, 7 Bush, 


T70 


TAXATION. 


Id., Section 6. 


6. The tax for school purposes and that which is de- 
signed to meet the bonds of The City issued to the Eliza- 
bethtown and Paducah, and the Louisville, New Albany 
and St. Louis Railroads shall be levied and assessed on 
all investments which, on the first of September, belong 
to any resident person or corporation. This embraces all 


667. A tax due is a debt, being a sum certain imposed by law as a 
regular duty. No jury is necessary to ascertain the amount due unless 
interest is to be computed.—Portland Dry Dock and Insurance Co. v. 
Trustees of Portland, 12 B. Mon., 77. The words “tax” and “license” are 
not synonymous terms.—City of Bowling Green v. Ky. Masonic Mutual Life 
Ins. Co., Superior Court, February 20, 1884. Interest on taxes is in the na- 
ture of a penalty, and ought not to be allowed unless the law has been strictly 
complied with.—Danber, Adm’r., v. City of Louisville, Superior Court, April 
16, ISS4. 

ExeEmprTion.—The express exceptions specified in the statute do not imply 
that no property not excepted shall be exempt, or that municipal property 
used for public purpose of local government, was intended to be subject to 
taxation.—Lowisville v. Commonwealth, 1 Duv., 295. Whatever property is 
owned and used by Louisville in its social or commercial capacity, as a private 
corporation, and for its own profit, such as vacant lots, market-houses, fire- 
engines, efc., is subject to taxation; property dedicated to charity is not sub- 
ject.—Ib. The taxing power of the State is never presumed to be relin- 
quished, unless the intention to relinquish be declared in clear and unequivocal 
terms, and even then the State will not be irrevocably bound unless some 
duty be imposed upon the tax-payer as the consideration of the grant which 
the citizens of the State are not generally required to perform, or unless by 
the exemption he be induced to embark in some enterprise or to invest his 
means in some adventure which, if successful, will result advantageously to 
the State as well as to himself.—Bradley v. McAtee and others and City of 
Louisville, 7 Bush, 667. The exemption of the property of a railroad com- 
pany from taxation until its road should be completed was held to exempt it 
trom all taxation imposed by authority of the State government, whether for 
general or local purposés.—E. & P. R. R. Co. v. Trustees of Elizabethtown, 12 
Bush, 233. The language of the legislative act or charter was, “Said Eliza- 
bethtown and Paducah Railroad Company shall be exempt from taxation 
till completed,” ete. This, it was argued by the town authorities, applied 
only to taxation by the State for the purpose of raising general revenue; but 
the Court of Appeals said decisively, “The language quoted implies no ex- 
ception. To ‘exempt from taxation’ means to exempt from all taxation im- 
posed by the authority of the State government, whether for general or local 
purposes, and municipal taxation comes clearly within the spirit and import 
of the act under which the exemption is claimed.”—Ib.; and Johnson v. Com- 
monwealth, 7 Dana, 342. An act of April 22, 1882, providing that “The 
Louisville Water Company is hereby exempt from the payment of taxes of 


» all kinds} of whatsoever character, State, municipal and special,” does not re- 


lease the company from the payment of taxes due at the time of the passage 


—— ee ae eee 


SS 


_—— 


TAXATION. 


securities or accounts for moneys loaned, and all bonds, 
mortgages, and lien notes, all notes and bills discounted 
or bought from others, and time deposits with a bank or 
banker ; but not accounts and obligations arising in the 
course of manufacturing or professional business, or of a 
licensed trade other than money-lending or banking. The 


of the act.—Lou. Water Co. v. Hamilton, Court of Appeals, December 20, 1888, 
unreported. When the charter of a railroad provides that it shall be exempt 
from taxation, such exemption is ordinarily a personal privilege, but if the 
charter also provide that a purchaser of the road shall enjoy all its rights and 
immunities, in such case the purchaser will hold it exempt from taxation.— 
Commonwealth v. Owensboro and Nashville R. R. Co. Court of Appeals, Janu- 
ary 24, 1884. 

Mistakt.—Whenever by a clear and palpable mistake of law or fact, 
essentially bearing upon or affecting the contract, money has been paid 
without cause or consideration, which in law, honor, or conscience was not 
due and payable, and which in honor or good conscience ought not to be 
retained, it ought to be recovered back.—Underwood v. Brockman, 4 Dana, 
309 ; Ray §& Thornton v. Bank of Kentucky, 3 B. Mon., 513; City of Louis- 
ville v. Zanone, 1 Met., 151; Louisville v. Henning § Speed, 1 Bush, 381. 
But, though money be paid under a mistake of law and fact, as under a void 
municipal ordinance, and under circumstances where it could not have been 
coerced by law, yet, if the party paying it has received. and enjoyed a bene- 
fit or consideration, he will not be aided by a court of equity in recovering it 
back.—Lowisville v. Zanone, 1 Met., 151. And a party who pays money for 
an improvment in front of his lot, made in pursuance of a city ordinance 
which is void, will not be allowed to recover it back, upon the ground of 
mistake of law or fact, where he fails to aver that the work was done against 
his consent and approval, and was not beneficial to his property, or that his 
property was injured thereby.—Jb., and City of Covington v. Powell, 2 Met., 
226, where it was held that a benefit derived by a party, in common with 
other inhabitants of a city, from general improvements of roads, streets, 
wharves, efc., and a consequent increase of business to such city, is not such 
a consideration as will estop him from recovering from the authorities the 
money he has ignorantly paid upon an illegal or unauthorized assessment of 
taxes expended in such improvements. The allegation that the taxes were 
illegally levied and that there was no legal obligation to pay them, as ad- 
mitted by the demurrer, are insufficient to entitle the tax-payers to enforced 
reclamation of the amount voluntarily paid; because even if they might 
have avoided payment by resistance, they may nevertheless have felt under 
some obligation, legal or moral, to pay, as the road had been under faith in 
payment, partly constructed with the presumed knowledge and consent of 
the tax-payers.— Moore +. Bath County Court, 7 Bush, 177. Mistake can 
not furnish ground of relief to the party by whose fault it occurs; nor can 
mistake be successfully relied on for affirmative relief against a written con- 
tract by a party who admits he was not mistaken, but knew the facts at the 
time he made the contract, which he relies on to reform it.— Brown v. Geiger, 


771 


772 


Id., Section 7. 


TAXATION. 


party assessed on investments may deduct his indebted- 
ness for the purchase of lands or leaseholds in Louisville, 
secured by recorded lien, but no other deduction shall be 
made for the indebtedness of the party assessed, unless 
such party has obtained a banker’s license for the time 
embracing said first day of September, in which case the 
debt owing by him for money borrowed or held on de- 
posit may also be deducted, but no other indebtedness. 
The investments above enumerated shall be assessed 
and taxed, although the owner may have temporarily 
changed them before said day, with the view of evading 
the tax. 


7. The following property shall be exempt: One—A11 
such asis exempted by special laws from City tax. Two— 
Such as.is exempted from State tax by Section 3, of Ar- 
ticle 1, Chapter 92, of the General Statutes, substituting 
the words ‘‘two hundred and fifty feet front”? for ‘‘ five 
acres’™ whenever they occur in that Section; and pro- 


Court of Appeals, Sept. 22, 1S81, unreported. If a mistake be known to one 
party, and it operate as surprise or fraud upon the other party, who is ignor- 
ant of it, the latter, but not the former, can obtain relief in equity upon the 
ground of mistake.—Jb. But when H, who had been a city officer when the 
tax complained of was imposed, sought a recovery of his money on the 
grounds of mistake of law the Court of Appeals refused to order the restitu- 
tion if for no other reason than because H, being a municipal officer, ap- 
proved and aided by his vote in imposing the tax on others, and thereby 
incurred especial obligation to pay his self-imposed burden.—Hubbard v. 
City of Hickman, 4 Bush, 204. The City of Henderson levied taxes upon a 
four-acre lot surrounded on all sides but one by principal streets, and on that 
by a public alley, included in the city limits as extended by act of 1867; the 
owners after paying such taxes for some years, enjoined their collection for 
other years, and sued to recover back the taxes so paid; held, that the injunc- 
tion should have been dissolved, and that if the property, although not 
properly taxable, was reasonably benefited by the improvements made by 
the city around it, the taxes can not be recovered back, although they may 
have been improperly levied. Nor can recovery be had, if the plaintiffs, 
knowing their rights in the premises, voluntarily paid the assessment.— City 
of Henderson v. Breckinridge, Court of Appeals, November 3, 1881, unreported. 
Taxes illegally assessed by The City of Louisville, by mistake of law, upon 
land used only for farming purposes, and paid to the collector by the own- 
ers, by mistake of both law and fact, may be recovered back from The City, 
—City of Louisville v. Anderson and others, 79 Ky., 334. 


TAXATION. 


773 


vided, that no unimproved lot nor acre property shall be 
exempt except the site for a place of worship or charita- 
ble institution, for not more than two years after its pur- 
chase from a tax-payer. 


8. All persons owning household goods and keeping 
them in position and using them in The City of Louisville 
during any part of the year shall be assessed upon the 
value of such household goods; and all persons keeping 
house in said City for four months in the year preceding 
the day of assessment shall, moreover, be charged with 
the head tax, and be assessed on the effects named in Sec- 
tion 6of this Article. Corporations having their principal 
place of business at Louisville shall be treated as per- 
sons residing therein, and all persons, firms, and corpora- 
tions doing any business in said City shall be assessed on 
the articles enumerated in the last paragraph of Section 5 
hereof. 


9. Whenever, by the complaint of the party assesed or 
otherwise, it appears that any property has been assessed. 
in a name other than that of the owner or holder, the City 
Assessor shall, after notice through the mail to the owner 
or holder, make the correction, whether for the current 
or any preceding year, in his books, and certify such 
correction to the Receiver of City Taxes; and to the cor- 
rected assessments and to the retrospective assessments 
hereinafter authorized the remedies of the next article 
shall attach, beginning with the first of May after the cor- 
rection or retrospective assessment is certified to the Re- 
ceiver; when the assessment is so corrected or made for 
September, 1883, or a later year. If for any earlier year, 
it can be enforced only by equitable proceedings. When 
any lands or improvements shall not be assessed in any 
one year, it may, when the omission is discovered, be 
assessed retrospectively for that year at any time not later 
than five years thereafter; but the lien thereby accruing 
to The City shall not prejudice the rights of the purchas- 
ers acquired in the meantime; and for any damage aris- 


Id., Section 8. 


ida A Tt. i; 
Sec. 6. 


774 


Id., Section *. 


TAXATION. 


. ing to The City by the loss of lien, the Assessor guilty of 


the omission, together with his bondsmen, shall be lable. ? 


10. The assessment books, in the third Section? named, 
shall remain open in the Assessor’s office from the fif- 
teenth to the thirtieth of November, and any one who 
thinks that his lands or improvements have been assessed 
beyond their value may, before the last named day, file 
with the Assessor his complaint, specifying the parcel 
and alleged excess, and the complaint shall forthwith be 
investigated by the Board of Equalization, which shall, 
according to the justice of the case, approve or reduce the 
assessment. It may, after notice to the party charged, 
increase the assessment, if satisfied on investigation that 
it is too low, even as to personal property or investments. 
This Board shall consist of three citizens of Louisville, to 
be elected annually by the Board of Aldermen, and who 
may be removed by the General Council. Vacancies 
caused by such removal, or by death, resignation, or de- 
parture from The City, shall also be filled by the Board 
of Aldermen. The General Council may compensate the 
members of said Board out of the treasury, at a rate not 
exceeding ten dollars to each for each day’s service. 
Two members shall make a quorum. If two or all the 
members of the Board fail to attend, the Mayor may, by 
writing, under his hand, appoint others to take their 
places for the time being. The Board, when made up in 
whole or in part of such appointees, may reduce but can 
not increase assessments. If, in any year, a legal Board 
of Equalization is not elected or fails to meet, the tax- 
bills shall not thereby become void; but when any tax- 


payer, in such a case, complains about the assessment 


upon him, such a Board shall then be chosen in the man- 
ner indicated, or the Board theretofore chosen shall meet, 


2The first five sections of Article II of this act will be found in the chapter 
on “Assessor,” page 8,ante. This portion of the tax act of April 25, 1884, being 
identical with the portion of the act of May 12, 1884, upon the same subject. 


8See Chapter iii, Section 5, page 9, ante. 


TAXATION, 


as the case may be, and hear all complaints in the man- 
ner stated; and the collection of tax-bills from those so 
complaining shall be suspended till the Board has heard 
and disposed of their.complaints. The Board of Equali- 
zation shall keep a full and true journal of its proceed- 
ings, which is to be preserved as part of the City records. 


11. The Assessor shall, during the month of December 
in each year, make out the tax-bills according to thé pro- 
visions of the ordinances of said City levying taxes for 
the corresponding year, and shall list such bills for col- 
lection with the Receiver of City Taxes by the third day 
of January following, oras soon thereafter as practicable; 
and said tax-bills shall be payable on the third day of 
January and due on the first day of May in the year for 
which made out. The head tax and the taxes on personal 
property and investments may be included with those on 
some one parcel of lands or improvements. 


12. ‘To remedy any defects in the levy ordinances under 
which the assessments for the years 1876, 1877, 1878, 
1879, 1880, 1881, and 1882 (that is, the first assessment 
made in 1882) were made, and any defects arising from 
the forms of assessment, or from the failure of the Boards 
of Equalization to act in any one of those years, or from 
any other omissions on the part of any of the City authori- 
ties to comply with the requisites of the law, and to aid 
also any supposed inefficiency of the act of March 29, 
1882, entitled ‘‘An act to amend the charter of The City 
of Louisville,’’ to remedy these defects it is now enacted 
by the authority aforesaid as follows: By this act all 
persons, firms, and corporations who were assessed for 
any property, real or personal, for any of those years, in 
the sense that assessments against them were extended 
upon the Assessor’s books, and who have not paid those 
assessments, are, as far as such prior levies or assessments 
were inoperative and void, assessed now upon the extended 
value of such property as appearing on said books, in 
the following rates, the proceeds, when paid, to be dis- 
tributed in the manner indicated in the assessment books 


Id., Section 8. 


Ta eA ttheit. 
Section 1. 


Id., Section 2. 


Id., Section 3. 


TAXATION. 


and tax bills: Provided, that where, aside of the irregu- 
larity of the levy and assessment for any given year, any 
wrong or injustice occurred in the assessment of any par- 
ticular person or property, the same may be remedied by 
the Board of Equalization established under Section 8 of 
this article, or by the judgment of a court, according to 
the nature of such wrong or injustice, nor shall anything 
herein be construed so as to revive any obligation for taxes 
which was in force at any time and has been barred by 
limitation before the passage of this act: 


On Lanp AND ImM-|ON MERCHANDISE, 
PROVEMENTS, AND| LicENSED ARTI- 
ENUMERATED AR-| CLES, AND RESIDU- 


For THE YEARS TICLES. ARY. 

Eastern Western | Eastern Western 

District. | District. | District. | District. 
LS Bp teles ceccs oat rere $2 28 $2 28 55e 55e 
BVA deer nseniege Sah gg bey rin ah SY Ae eras’ 2 25 oT 57 
1S 1Oiaccuccteriteeees cote creer eee 2A Wi 2 63 64 
URW po ee tortie py py (are i a hee 210 2 Slo 61 66 
L880 seks, vecscal ce eens JAS pea Wl 55 55 
LOS: eran crea ecmes hates or eee aay B53 2215 66 66 
LBSZ eee, Abae, eheee ace rhae eee ee oe 2 365 va 77 


Also, two dollars for every male resident over twenty-one 
vears of age, these being the rates in force in said years. 
The collection may be made and receipts given in the bills 
made out and which were heretofore put in the hands of 
the City Tax Receiver. 


13. No judgment shall be rendered in any action now 
pending or hereafter to be brought on any of said as- 
sessments heretofore invalid until the fifteenth day of 
June, 1884, and until the Board of Equalization, pro- 
vided for in the next Section, shall have been constituted 
and have met and shall have heard the complaints of such 
of the parties thus assessed who may come forward to 
complain within the time therein limited. 


14, As early as practicable after the passage of this act 
the Board of Aldermen shall elect three citizens of Louis- 
ville to act as a Board of Equalization. They shall be 
compensated for their work at a rate to be settled by or- 
dinance or joint resolution of the General Council, not 


s)% 


TAXATION. 


ris 


exceeding ten dollarsaday foreach. They shall be sworn 
to act impartially and fairly before entering upon their 
duties. Two of them shall constitute a quorum. They 
shall hold their sittings at the City Hall, in Louisville, 
and give notice of their first sitting by publication in one 
or more daily papers of The City of Louisville; and 
shall then adjourn from day to day, or to a later day, 
until their labors are completed. Any vacancy arising 
among them by death, resignation, or removal from The 
City shall be filled by the Board of Aldermen. They 
shall keep records of their proceedings. They shall not 
finally adjourn until twenty days have elapsed from their 
first sitting, nor while any complaints are left unde- 
termined. They may make reductions in the assessment 
when the valuation was, in their opinion, too high, or 
when too much property was included in the assessment, 
or because the assessed property, or some part of it, was, 
at the time of assessment, exempt. They shall certify 
all reductions made by them to the Assessor, who shall 
issue new and reduced tax bills to the Tax Receiver and 
cancel the old ones. No complaint shall be lodged be- 
fore this Board of Equalization on or after the twentieth 
day from the first sitting. The reductions made by the 
Board may be certified to any court in which an action or 
motion for the tax arrears is pending, and shall be con- 
sidered by it in its judgment. 


15. All bills for the unpaid taxes mentioned in this ar- 
ticle shall bear interest from the first day of the first cal- 
endar month that occurs not less than twenty-one days 
after the first sitting of the Board of Equalization author- 
ized by this article, at the rate of one half per cent. for 
every month or fraction of a month until merged in a 
judgment of sale under the provisions of Section 8 of the 
next article, when the judgment shall bear interest like 
other judgments. 


16. The Assessor shall, during the month of December 
in each year, make out the tax-bills according to law and 


Ia., Secticr 4. 


fd Atty iy; 
Section 1. 


id., Section 2. 


iG 


., Section 


2! 
Vv 


TAXATION, 


the levy ordinances of The City, and shall list such bills 
for collection with the Receiver of City Taxes by the third 
day of January following, or as soon thereafter as prac- 
ticable, and such taxes shall then be payable at the Tax 
Receiver’s office. Those paid in January shall be reduced 
by a discount of three per cent., and those paid in Feb- 
ruary by two per cent., and those paid in March by one 
DCT CCN. 

17. All tax-bills uncollected, in whole or in part, and 
which remain in the hands of the Receiver of City Taxes 
on the first day of May succeeding the date on which they 
were listed with him for collection, against any person 
(not under the disability of infancy, coverture or unsound 
mind) owning property in his own right, together with 
interest at the rate of one half of one per cent. for every 
month or fraction of a month from that date, shall be 
deemed a debt from such person to said City arising as 
by contract, and may be enforced as such by all remedies 
given for the recovery of debts in any court of the com- 
monwealth otherwise competent for that purpose; and 
those bills assessed against an administrator, executor, 
or trustee shall be a charge against the whole succession 
or trust estate, and may be enforced accordingly, aside in 
either case from the other remedies hereinafter given. 
The above rate of interest shall prevail until the tax-bills 
are merged in a judgment. 


18. In the months of May and June of each year the 
Receiver of City Taxes shall, by himself or deputy, call 
oh every person assessed for taxes who resides or does 
business within The City, on the husbands, guardians, 
and committees of the married women, minors, or persons 
of unsound mind who so reside or do business, and on 
the known agents of absent owners at the residence or 
place of business of each, going to such of these places at 
which he thinks he may be most likely to find them, and 
shall seek to obtain payment of the tax-bill in the ordi- 
nary way in which bills are collected, making known to 
each party the provisions of this act as to distraint of 


——— oo 


TAXATION. 


goods and garnishments of rents by reading to or leaving 
with him a printed or written notice to that effect, sub- 
stantially as follows: 
; NOTICK TO TAX-PAYERS. 

All bills for City taxes unpaid on the twentieth day of August, 18—, will 
be collected by distraint or garnishment of rents, with added commission. 
, Tax Receiver. 
And he and his deputies shall report as to all bills which, 
on the first of July, remain in part or in whole uncol- 
lected, when and where the party assessed was called upon 
for payment. He and each deputy shall make a separate 
list as to those called upon by each, which shall be sworn 
to and filed with the clerk of the Board of Councilmen. 
For any false return the City Tax Receiver shall be an- 
swerable to the party aggrieved for all costs, commissions, 
and damages arising therefrom. But neither the want of 
a proper return, nor the falsity of a return of ‘‘no goods 
found,” shall invalidate subsequent proceedings: under 
this act if the tax be not actually paid. Between the first 
and twenty-first of August following upon the filing of 
these lists, the clerk named shall make out for the tax 
bills wholly or partially unpaid (except when the parties 
assessed appear from the face of the bill to be infants, 
persons of unsound mind, or fiduciaries assessed on be- 
half of a trust estate), warrants substantially in the fol- 
lowing form, except that no commission shall be allowed. 
in a warrant upon any tax bill that is not fully reported 
on in the list in conformity with the requirements of this 
Section, and provided further, that where the warrant calls 
for more than three hundred dollars, it shall allow five 
per cent. commission on the first three hundred dollars 


only, and one per cent. on the residue: 
THe CoMMONWEALTH OF KENTUCKY TO THE RECEIVER OF City TAXES OF 

THE Ciry or LOUISVILLE, GREETING: 

We command you by distraint to make of the goods and chattels of [party - 
assessed], by cash sale, the sum of [amount of the tax bill or balance of tax 
bill], due for taxes to The City of Louisville, as per tax bill No. —, together 
with interest at the rate of one half per cent. per month, or fraction of month, 
from the first of May last past, and five per cent., commission on the princi- 
pal sum, and ten cents for this warrant, and return this warrant, with your 


doings thereunder, on or before November 1, 18—. 
Given under my hand this first [or if the first be Sunday, second] day of 
August, 188—. ei 


780 


Id., Section 4. 


Id., Section 5. 


TAXATION. 


For issuing each warrant he shall be paid ten cents by 
The City, and the commissions provided for shall, when 
collected, go to the Receiver of City Taxes. 


19, These warrants shall, unless payment be made oth- 
erwise, be levied by the Receiver, or one of his deputies, 
on any goods and chattels (except such household goods 
and domestic animals as are exempted from taxation un- 
der Section 5 of Article 1 of this act, and such other ar- 
ticles, not assessable under this act, as are exempt from 
execution by the laws now or hereafter in force) belong- 
ing to the party assessed and found within The City; and 
when the goods are themselves a part of the assessed prop- 
erty, or are found upon the premises for which the tax 
bill is assessed, the levy shall have priority over any mort- 
gage, lien, distress, execution, or attachment on said goods 
(excepta levy for State tax). Theadvertisement, sale, and 
delivery to purchasers shall be made in like manner as of 
goods levied upon under execution on a replevy bond. 
The warrants, with the doings of the Receiver truly in- 
dorsed thereon by himself or deputy, shall be returned 
by him to the office of the clerk who issued them, on or 
before the return day named. 


20. Every guardian, committee, trustee, or other fidu- 
ciary appointed under the laws of Kentucky, or by a deed 
or will recorded in any county clerk’s office therein, who 
has the management of any lands or improvements in said 
City, and every agent of a non-resident of Kentucky own- 
ing property in Louisville, who collects the rents thereof, 
shall, before the first of September of each year, pay out 
of the net income of such lands and improvements the 
City tax assessed upon the same in the preceding year, 
with accruing interest, before applying such income to 
the wants of or paying it over to his beneficiaries or em- 
ployer, any instructions of the latter to the contrary not- 
withstanding, and in default thereof he shall be liable for 
such tax to the amount of the income which he might 
have so applied, which liability may be enforced in equi- 
table proceedings, in which it shall not be an answer that 


TAXATION. 


== 


The City has a securty in its lien upon the lands and im- 
provements. 

21. Between the first and fifteenth of November of each 
year, the Receiver of City Taxes shall make out a list of 
all tax-bills, unpaid in whole or in part, assessed upon 
improved lands or improvements, or on unimproved lands, 
personalty, or investments owned by persons who also 
own improved lands or improvements. After the fif- 
teenth day of November he and his deputies shall pro- 
ceed to notify all tenants of the persons owing such tax- 
bills that they must withhold their rents to the amount 
of such bills and interest thereon, and five per cent. on 
the face thereof in addition thereto; but the commission 
shall be disallowed in the cases in which, under section 
three, it is disallowed in the warrant of distress; and it 
shall, upon the excess above three hundred dollars, be re- 
duced to one per cent. The notices shall be in writing 
upon blanks substantially in the form following : 


THE COMMONWEALTH OF KENTUCKY TO THE TENANTS OF —— A TAX 


PayYeER OF THE City oF LOUISVILLE, GREETING: 

You, and each of you, are warned to withhold from [name of tax-payer] 
the rent due or accruing from you to him to an amount not exceeding [amount 
due on tax-bills] dollars, with interest from May Ist of this year, at the rate of 
one half of one per cent. for each month or fraction of a month, and five per 
cent. on the principal sum, and hold the same subject to the demands of The 
City of Louisville, until advised of the withdrawal of this garnishment. 

Witness: 


Clerk of the Board of Councilmen. 
This Ist (or 2d) day of November, 188—. 


Rae Be, C2 

And they shall be served by copy, and the notice as re- 
turned filed with the said clerk, and such service shall, 
until the tax is paid in full, with interest and commis- 
sion, be a defense pro tanto to the tenant in any proceed- 
ing by the landlord for the recovery of the rent, and 
shall operate to transfer pro tanto to The City the rights 
and remedies of the landlord. The taxes on any parcel 
of property may thus be enforced out of the rents of any 
other parcel of the same owner or owners. The additional 
percentage provided for herein shall go to the Tax Re- 
ceiver as compensation. <A failure to obtain or serve the 


781 


ia., Section 6. 


782 


TAXATION. 


Ta., Section 7 


notices herein provided for shall make the Receiver an- 
swerable to the tax-payer for the costs arising to him 
thereby. 


22. On the first of May of the second year after the as- 
sessment of City taxes, the Receiver shall make out a list 
of the bills still wholly or partially unpaid, on lands or 
improvements, and furnish ¢he list to the City Attorney, 
whose duty it shall be to bring, without delay, suits for 
the recovery thereof in the Louisville Chancery Court, ex- 
cept that, where any litigation growing out of distraints 
or garnishments, or against guardians and others, under 
Section 5 of this article, is still pending, he may await the 
termination thereof before bringing such suit. The equity 
side of the Louisville Law and Equity Court shall be con- 
sidered a part of the Louisville Chancery Court, for the 
purposes of this act. In these suits The City shall, un- 
less there be cause to the contrary, ask for and obtain 
a personal judgment against the person assessed, as well 
as the enforcement of the lien hereinafter given. The ac- 
tion herein authorized, and the judgments and subsequent 
proceedings therein (except as hereinafter excepted) shall 
be conducted in all respects like suits upon liens arising 
from contracts, and the court shall have jurisdiction of all 
amounts of twenty dollars and over, exclusive of inter- 
est ; the sums due for taxes of later and earlier years shall 
be included in the petition and in the judgment, Where 
all the taxes remaining due by the same owner, or set of 
joint owners, exclusive of interest, amount to less than 
twenty dollars, the City Attorney shall combine -them 
with other bills, or sets of bills; also less than twenty dol- 
lars, having due regard to the nearness of location in the 
assessed property, in one action, so that the aggregate of 
the bills embraced in one suit may amount to fifty dollars 
or over. But City taxes may, in suits between third par- 
ties, be summarily determined in the judgment of sale or 
allowed as a credit to the purchaser, as heretofore, under 
Section 773 of the Civil Code of Practice. New tax-bills 
which are included with older ones, against the same own- 


TAXATION. 


193 


ers, on which attempt at distraint and garnishment has 
proved ineffectual, need not be dealt with by the Receiver 
in the way pointed out in Sections 3, 4, and 6 of this ar- 
ticle. The omission of the Receiver to act as prescribed 
in Sections 3, 4, and 6 shall not defeat any suit of The City 
for taxes. 


23. Whenever taxes due fora year preceding the as- 
sessment of September, 1888, are included in an action 
under Section 7 of this article, or are set up by pleading 
in any action, the material facts making them a len on 


the property to be subjected shall be stated in the peti-- 


tion or other pleading, and the court shall render judg- 
ment according to the justice of the case; and this rule 
shall also prevail in all actions which may be brought ex- 
clusively for the taxes of such former years. And such 
actions are hereby authorized upon all such tax-bills, but 
where a sale of the assessed premises, and a so-called pur- 
chase thereof by The City, under Section 10, of the act of 
April, 1882, herein first mentioned, has given to the owner 
a still unexpired time for redemption, such purchase may, 
at the defendant’s option, be treated as an immatured in- 
cumbrance. 


24. The fee simple of all lands in The City of Louis- 
ville, and the full term and renewal right of every lease- 
hold, carrying with it the value of the improvements 
thereon, shall be subject, from and after the first day of 
September of each year, to a lien for the City tax to be 
assessed thereon for the succeeding year, which lien shall 
‘be superior to homestead right and to all incumbrances, 
whether made before or after that date, except State taxes, 
and shall take precedence of dower, curtesy remainders, 
reversions or future estates, and from the beginning of 
the action a lien for each tax bill assessed against the same 
owner, or set of joint owners, shall also arise upon every 
piece of land or improvements still owned by him or 
them, with a view to the sale of less than all of the pieces 
for all of the tax-bills, subject to such marshaling of bur- 
dens as against third parties as the rules of equity may 


Id., Section 8. 


Id., Section 9. 


784 


Id., Section 10. 


Id., Section 11. 


da.. Section 12 


TAXATION. 


require; and the court may allow a purchaser or incum- 
brancer to release any parcel on payment of 1ts tax, with 
interest and share of costs. 


29. The goods of infants or persons judicially found to 
be of unsound mind shall not be distrained for the taxes 
assessed on their lands or improvements, nor shall their 
lands, during their disability, be sold for less than two- 
thirds of their appraised value on any judgment of sale 
rendered for tax and costs alone, when those lands or im- 
provements have come to them through descent, distri- 
bution, or devise, or gift or settlement of some person then 
deceased, or have belonged to persons of unsound mind 
before they became such; nor shall, for taxes chargeable 
to the owner of the particular estate, the entire estate be 
sold for taxes and costs alone at less than two-thirds of 
the appraised value, so as to defeat reversions, remainders, 
or future estates while any future estates are outstanding 
(unless when the reversioners or remaindermen are ascer- 
tained and are of full age); nor shall such entire estates 
be put up to sale unless the particular estate of the tax- 
payer has first been put up and has failed to bring the 
amount of the taxes and costs. 


26. Any court of competent jurisdiction, not inferior 
to a Circuit Court, may, in the established modes of pro- 
ceeding and upon existing principles of law or equity, 
give redress against unlawful distraints or garnishments of 
rents that may be wrongfully made or threatened under 
color of this act; but no injunction shall be granted in 
such proceeding except by the court or its judge, nor 
otherwise than upon notice to The City of Louisville, and 
after a hearing. 


27. The Receiver of the Louisville Chancery Court and 
all other ministerial officers in Jefferson County shall pay 
directly to the Receiver of City Taxes, for the time being, 
the amounts recovered by The City of Louisville for taxes 
in any judicial proceeding, on his own receipt, without 
the intervention of an attorney, and where, from any 


TAXATION. 


785) 


cause, moneys so recovered anywhere have come into the 
hands of an attorney on behalf of The City, he shall de- 
liver them to such Receiver of City Taxes. 


28. The office of Back-tax Collector is hereby abol- 
ished, and all uncollected tax-bills, books, paper and 


other property in the office of Back-tax Collector, shall 


be taken charge of by the City Tax Receiver, who shall 
collect said uncollected tax-bills so taken from the Back- 
tax Collector’s office, but this shall not change the appro- 
priations of such back-taxes heretofore made. 


29. No person whose property or head tax, hereafter 
assessed, remains wholly or partially unpaid shall be 
given a license to carry on any business under this act, 
or qualify as an Alderman, Councilman, City official, 
deputy or assistant, or policeman, or be employed by 
The City, or have any contract or sell any supplies to it, 
until such taxes are paid; and any creditor of The City 
must receive his tax-bills, with accrued interest, toward 
the payment of any demand: Provided, in either case, 
that the tax-bills have not been annulled or enjoined by 
the judgment or order of a competent court, and provided 
that nothing herein contained shall cause the invalidity 
of any official act or contract. * 


30. The Receiver of City Taxes shall, on or before the 
thirty-first day of December in each year, state and settle 
his accounts with and receive a guiéetus from the Finance 
Committee of the General Council, and in such settlement 
he shall be allowed no credit for any uncollected tax-bills 
unless such committee believe, from the evidence offered, 
that said uncollected tax-bills could not have been col- 
lected by him (for the want of goods to distrain and of 
rents to garnishee), and for every uncollected tax-bill 
which such committee refuses, in such settlement, to 
allow, he and the sureties on his bond shall be liable, and 


4Sections 2 and 3 of this Article will be found in the Chapter on “ City 
Attorney,” page 149, ante. 


Id., Section 13. 


Ny fee eo Sh et eae 
Section 1. 


Id., Section 4.. 


786 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


An act to 
amend an act 
entitled An act 
to revise and 
amend the tax 


TAXATION. 


shall pay the same as if such tax-bill had been collected, 
and he shall be subrogated to the rights of said City upon 
such uncollected tax-bills. Ifthe Receiver fails to obtain 
a guietus at such settlements, such failure shall be re- 
ported to the Board of Aldermen at their next meeting 
thereafter, whereupon that Board shall at once declare 
the office of Receiver of City Taxes to be vacant, and order 
the Treasurer of said City to take possession of all money, 
books, bills, registers, accounts, e¢c., of the office, and at 
the next meeting of the General Council thereafter, a Re- 
ceiver of City Taxes shall’ be elected, in joint session, by 
viva voce vote, for the unexpired term. 


31, The laws regulating the official bonds of any of the 
City officials intrusted with the collection of taxes are not 
affected by this act. The General Council may, by ordi- 
nance not in conflict herewith, regulate the offices of 
Assessor and Receiver, and all ordinances now in force 
on this subject, as far as compatible with this act, shall 
remain in force until repealed. 


32. All laws and parts of laws in conflict with this act 
are repealed. The second and eighth and ninth Sections 
of an act entitled ‘‘ An act to amend the charter of The 
City of Louisville,’? approved March 29, 1882, are re- 
pealed. 


33. An act entitled ‘‘ An act to revise and amend the 
tax laws of The City of Louisville,’ approved April 25, 
1884, is hereby amended so as to make the same, in all 
respects, conform to the foregoing provisions of this act. 


34. This act shall take effect from and after its passage. 


35. The act entitled ‘‘An act to revise and amend the 
tax laws of The City of Louisville,” approved April 28, 
1884,° is amended as follows: First—In the first clause 


>This act contains nothing which is not contained in the above act of the 
same title, approved May 12, 1884, and is therefore not inserted in this book. 


to 


A no > eh ee 


TAXATION. 


of the schedule embraced in Section 9 of Article 1 of said 
act, ® the words ‘‘ retail grocer’’ and ‘‘ orany retailer, ex- 
cept of spirituous, vinous, or fermented liquors,’’ are here- 
by stricken out. Second—The first part of Section 8 
of Article 4 is amended to read as follows: ‘‘ In the 
months of May and June in each year the Receiver of 
City Taxes shall, by himself, deputy, or employe, mail 
to every party in arrears for taxes for that year, to the 
guardians and committees of infants and lunatics, and to 
the agents of absent property-owners whose address is 


unknown to him, post-paid letters, directed to the best. 


of his knowledge, and indorsed with the request to re- 
turn to him if not delivered in ten days, substantially 
framed thus: 


Your tax bill(s) for 188—, amounting to dollars, besides interest, 
remain(s) unpaid, and will, if unpaid by the twentieth of August next, be 
collected by distraint or garnishment of rents, with commission added. 


Receiver of City Taxes. 


He shall make a list of all bills remaining wholly or in 
part unpaid on the first of July, showing whether the 
party was written to and whether the letter came back 


-as undelivered. He shall file the list with the Clerk of 


the Board of Councilmen. For reporting falsely he shall 
answer to the party aggrieved for all costs, commissions, 
or damages caused thereby, but neither a false report or 
a failure to report shall invalidate subsequent proceed. 
ings under this act. From the words, ‘‘ between the first 
and twenty-first of August,’’ to the end of the Section 
named, it shall stand without change. Following right 
after the above. 


86. This act shall apply to the tax bills of 1884, under 
the assessment of September 1, 1883, and shall take effect 
from its passage. 


37. The official acts of S. S. Meddis, J. G. Hansbrough, 
and George Mulliken, appointed by the Mayor of The City 
of Louisville, in September, 1882, a Board of Equaliza- 


6See Chapter X XIX, Section 1; ante. 


787 


laws of The 
City of Louis- 
villé. Ap- 
proved May 8, 
1884. Sec. 1. 


Id., Section 2. 


An act to 
amend an act 
entitled An act 
to amend the 
charter of The 


~) 
D 
(@ ~ 


TAXATION. 


City of Louis- 
val lie.) Aspe 
proved Apr. 8, 
1882. Approv- 
ed April 19; 
1884. Sec. 1. 


Id., Section 2. 


Id , Section 38. 


An act to 
cure certain de- 
fects in the as- 
sessment of 
property in The 
City of Louis- 
ville for taxa- 
tion, for the 
vears 1882 and 
1885. Approv- 
ed May 1, 1884. 


Id., Section 1. 


Id., Section 2. 


tion, and 8. 8. Meddis again in September, 1883, a mem- 
ber of said Board of Equalization under the fifth Section of 
an act approved April 8, 1882, entitled ‘‘An act to amend 
the charter of The City of Louisville,’’ are hereby de- 
clared to be legal and valid, as fully as though the ap- 
pointment of each of said named members of said Board 
of Equalization had been consented to and approved by 
the Board of Aldermen; and the Board of Equaliza- 


tion shall have full power during the months of June and. 


July, 1884, to correct, increase, or reduce any unpaid 
assessment made for the years 1888 and 1884. And any 
tax-payer delinquent for said years may appear before 
said Board of Equalization, by petition in writing, for 
correction of his tax-bill, as in the said act provided. 


38. The fiscal year of The City of Louisville shall begin 
on the first day of September and end on the thirty-first 
day of August in each year. 


39. This act shall take effect and be in force from and 
after its passage. 


40. Whereas, it is represented that the City tax-bills. 


of Louisville, under the assessments of September, 1882, 
and 1883, for the years 1883 and 1884, are not enforceable 
on account of the Boards of Equalization for those years 
not having been properly made up: Be it enacted by the 
General Assembly of the Commonwealth of Kentucky, 


41, That the Board of Aldermen of said City do forth- 
with elect three citizens thereof a Board of Equalization, 
to be governed in all things by the provisions made for 
such Board in Article 3 (arrears) of an act of this session, 
known as ‘‘An act to revise and amend the tax laws of 
The City of Louisville,”’ which Board of Equalization is 
to hear complaints from tax-payers concerning the assess- 
ments on which the tax bills for 1883 and 1884 are based. 


42. Whenthe Board has done its work, the tax bills for 
1883 and 1884 shall be binding, and may be enforced. 
Those for 1884 shall then be governed in all respects by 


Ra Ke 


a po ee 


TAXATION. 


789 


Article 4 of the last-mentioned act of this Assembly; and 
the Tax Receiver shall meanwhile collect such bills of 
1884, under the provisions of said article, as far as he can 
obtain voluntary payment. 


43, This act shall take effect from its passage. 


44, All property belonging to any city or town of this 
commonwealth, and which is necessary to the carrying on 
the government of such city or town, v7z.: Police-court 
houses, mayor’s offices, including offices for the various 
city or town officers in said buildings, fire-engine houses, 
engines and horses belonging thereto, workhouses, alms- 
houses, hospitals, pest-houses, together with the grounds 
belonging thereunto, be and the same is hereby exempt 
from all taxation: Provided, however, that this act shall 
not be construed to exempt vacant lots, or property upon 
which such city or town shall receive any rent, dividend, 
or income. 


45. All railroad depots, depot grounds, machine-shops, 
and improvements, as well as all the property of bridge 
companies, express and transfer companies, within the 
corporate limits of said City, shall be assessed and sub- 
ject to taxation, at their fair value as of the tenth day of 
January of each year, for all City and school purposes. 


46. Any real estate held by the Louisville Board of 
Trade in The City of Louisville, by purchase in fee simple, 
not exceeding one hundred by two hundred feet in area, 
and any improvements thereon, shall be and are hereby 
exempted from all State taxes so long as such property 
shall be oceupied by said Board of Trade for the purposes 
contemplated in its organization. And the General Coun- 
cil of The City of Louisville is authorized to exempt such 
property so held and occupied from all taxes authorized 
to be levied by said General Council of said City of Louis- 
ville. 


47. The real and personal estate now owned or here- 
after acquired by the Young Men’s Christian Association 
of Louisville, Kentucky, and used by it for carrying out 


Id., Section 3. 


An act ex- 
empting cer- 
tain property 
from taxation. 
Approved Feb. 
22, 1864. 


Aon a2et to 
amend an act 
establishing a 
new charter for 
The City of 
Louisville, a p- 
proved Mar. 3, 
1870. Approv- 
ed March 8, 
1871; Sec. 6. 


An act for 
the benefit of 
the Louisville 
Board of Trade. 
Approved Apr. 


23, 1878. 


An act to 
amend an act 
entitled An act 
to incorporate 
Line Young 
Men’s Chris- 


790 


tian Associa- 
tion of Louis- 
ville. Ap-° 
proved Feb. 10, 
1880. 


An vac oO 
amend an act 
entitled An act 
establishing a 
new charter for 
The City of 
Louisville, ap- 
proved Mar. 3, 
1870. Approv- 
ed April 15, 
1882. Sec. 1. 


Id., Section 2. 


Id., Section 38. 


Id., Section 4. 


An act ex- 
empting the 
savings depos - 
its in the banks 
of Jefferson 
County and 
A he Oltac or 
Louisville from 
taxation. Ap- 
proved April 
21, 1882. Sec. 1. 
Ia., Section 2. 


TAXATION. 


the objects of said Corporation, shall, to the extent of 
thirty thousand dollars in value, be exempt from all State 
and City taxation, including taxes levied for the year 
1880. This act shall take effect from and after 1ts passage. 


48. Furniture of the value of three hundred dollars, 
when owned and possessed by dona-fide residents of said 
City who are housekeepers and the heads of families, 
shall not be subject to taxation by said City. 


49. Stock of corporations engaged in, and created for, 
manufacturing and commercial purposes, and conducting 
business in said City, shall not be liable for taxation in 
said City. 


90. All persons who in good faith have their residence 
in said City for the greater part of any year for or in 
which any tax may or shall be levied by it, shall be 
deemed residents of said City. 


51. This act shall take effect and be in force from and 
after its passage. 


52. Hereafter all savings deposits heretofore made, or 
to be made, in the banks of Jefferson County and City of 
Louisville shall be exempt from county and municipal 
taxation. 

53. This act be in force from and after its passage, but 
shall apply to the County of Jefferson and City of Louis- 
ville only. 


kes See ADVERTISING—ASSESSOR— BOUNDARY AND SUBDIVISJON—CITY 
ATTORNEY—CORPORATE PowERS—OCountTy RELATIONS—FINANCE—GEN- 
ERAL CouncIL—LicENSE—OFFICES AND OFFICERS—PUBLIC WaAyYS—RE- 
CEIVER OF TAXES—SCHOOLS—SEWAGE AND DRAINAGE—SINKING FunD— 
TREASURER— V EHICLES— WHARVES AND HARBORS. 


Peet a? ayes es Oe 


ae 


el ge i ey ae epi ck oO 


OAc ANd sel be DN eho Oa aE 


TELEGRAPH, TELEPHONES, AND 
CONDUITS. 


CON DENTS 3 


1. The Louisville Underground 
Conduit and Electric Light, Tele- 
graph and Telephone Company; 
right to lay and use, along and un- 
der the public ways, conduits, pipes, 
wires, cables, conductors, and other 
appliances, and the conditions of 
such right. 


2. The use of the conduits, pipes, 
wires, cables, eté., by other com- 
panies. 

3. Exclusive right is not granted. 

4. The laying of conduits, pipes, 
cables, etc., regulated. 

5. Excavations in the public ways 
regulated. 

6. Gas- and water-mains and sew- 
ers not to be injured, pavement to be 
replaced, and the Engineer’s direc- 
tions to be followed. 

7. The City to be held exempt 
from lability for injuries from the 
construction, repair, or use of the 
Company’s property; bond required. 

8. Time within which the work 
shall be begun. 


9. Condition precedent to. the 
right to make excavations in public 
ways. 

10. The Ohio Valley Telephone 
Company; permission granted to con- 
struct and operate, in the public 
ways, pipes, cables, etc., for transmit- 


11. The pipes, cables, etc., to be 
laid under ground and not to interfere 
with the use of the public way. 


12. Shall make no excavations in 
public ways without permission from 
the Engineer. 

13. The opening and obstruction 
of streets regulated. 


14. Restrictions on the company in 


regard to public ways, public places, 


shade-trees, sewers, water-pipes, and 
gas-pipes. 

15. Openings in the public ways to 
be repaired to the Engineer’s satis- 
faction. 


16. Time within which work shall 
be begun. 

17. Rights reserved by The City 
in the property of the company. 

18. The City exempted from lia- 
bility for damages arising. 

19. Bond required; conditions and 
security. 

20. No exclusive right granted. 

21. The Kentucky Steam Heating 
and Electric Lighting Company in- 
corporated; powers. 

22. Capital stock. 

23. Board of directors. 

24. May issue bonds. 

25. May make by-laws. 


ting sound, signals, e¢c., by electricity. | 26. Effect of act. 


An ordinance 
granting to the 
Louisville Un- 


1. Upon the terms and subject to the provisions herein- 
after set forth, there be and is hereby granted to ‘‘ The 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


derground 
Conduit and 
Electric Light, 
Telegraph and 
Telephone Co. 
the right to 
construct, lay, 
maintain, use 
and operate, in 
The City wot 
Louisville, and 
along and un- 
der the public 
ways of said 
City, conduits 
and spipes; 
wires, cables, 
conductors, 
testing stations 
and necessary 
connections, 
fixtures,and 
appliances for 
the transmis- 
sion of mes- 
sages, sound 
and signals, and 
the production 
of power, heat, 
and light by 
the aid of elec- 
tricity and 
otherwise. Ap- 
proved Jan. 26, 
1884. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


Louisville Underground Conduit and Electric Light, Tele- 
eraph and Telephone Company,” their successors and as- 
signs, for and during the term of twenty-five years next 
after the approval of this ordinance, the right to construct, 
lay, maintain, use and operate in The City of Louisville, 
and along and under the public ways of said City, conduits 
and pipes, wires, cables, conductors, testing-stations and 
necessary connections, fixtures, and applances for the 
transmission of messages, sound, and signals, and the pro- 
duction of power, heat, and light by the aid of electricity 
and otherwise; and in doing so, to use what is called the 


‘“McGrew patent,’’ but subject to the right of other com- . 


panies that are, or may be, formed to use said conduits, 
pipes, wires, cables, efc., for like purposes, on payment 
of a fair compensation or rental for such use; and subject 
further to the right of The City (and which is made a part 
of the conditions on which the rights herein set forth are 
granted and are to be accepted), to have the use of said 
conduits, pipes, wires, cables, e¢c., for police, fire alarm, 
and City Hall telephone and telegraph use and purposes, 
and free of charge therefor on the part of said Company. 


2, Should any other company or companies desire to 
use said cables, wires, conduits, efc., permission to do so 
shall be granted upona fair compensation or rental there- 
for being agreed on, and payment thereof to said Louis- 
ville Underground Conduit and Electric Light, Telegraph 
and Telephone Company, satisfactorily provided for. 
And in case such compensation or rental can not be agreed 
on by the parties, it shall be settled by arbitration; each 
company selecting one fair-minded and disinterested per- 
son as arbitrator for that purpose, who, in the event of 
their failing to agree, shall select a third person, fair- 
minded and disinterested, as umpire. 


3. Nothing in this ordinance shall be construed as giv- 
ing any exclusive right to construct, lay, maintain, use or 
operate any underground, conduits, pipes, wires, cables, 
or conductors, or any other electric device. 


fic? Se ee 


LCE SS 


grt ig el 


ae 


1a ie 


Pac 


gee rea 


ae 
is 


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os 


ae 


s 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


4. All conduits, pipes, cables, wires, efc., laid under- 
eround, shall be laid at a sufficient depth, and the laying 
of same shall be done under the supervision of the City 
Engineer, and be done by day or by night, as the Gen- 
eral Council or City Engineer may require, so as not un- 
reasonably to interfere with or prevent the proper use of 
any of the public ways. 


9. Said Company shall make no excavations in any of 
the public ways against the orders of the City Engineer; 
nor shall any excavation be kept open longer than is 
necessary to complete the work for which the excavation 
was made. 


6. In laying conduits or pipes, or repairing cables or 
wires, and in doing any work whatever, said Company 
shall do no injury to any gas or water mains or pipes, or 
to any sewer; and shall, at its own cost, replace in good 
and proper manner, and in a reasonable time, all street, 
alley, and sidewalk pavement that may be taken up by 
said Company, and make all repairs thereof to the satis- 
faction of the City Engineer; and, on failure to do so, 
the same may be done by The City, at the cost of said 
Company. 


7. Inno case shall The City be liable or made to pay 
for any injury or damage to any person or property 
caused by constructing any work for, or repairing or 
using by said Company any of its property; and for all 
such injuries or damage the Company is to, and shall, 
hold and save The City harmless and free from all labil- 
ity. And to that end, and to secure a faithful compli- 
ance with all other requirements in this ordinance, said 
Company shall, in a reasonable time after the approval 
of this ordinance, execute to said City a bond, with 
surety or sureties, to be approved by the General Coun- 
cil, in the penal sum of fifty thousand dollars. Said 
bond to be renewed from time to time with such security 
as the General Council may require. 


Id.. Section 4. 


Id., Section 5, 


Id., Section 6. 


Id., Section 7. 


8. The work authorized by this ordinance to be done Jd, Section 8. 


Id., Section 9. 


An ordinance 
granting to the 
Ohio Valley 
Telephone Co. 
permission to 
lay under- 
ground pipes, 
cables, con- 
ductors, and 
wires. Ap- 
proved Jan. 26, 
1884. Sec. 1. 


Id., Section 2. 


Ia., Section 3. 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


by said Company shall be commenced within six months 
next after the approval and acceptance by the General 
Council of the bond referred to in the next preceding ° 
Section. 


9. Before said Company shall make any excavations 
in any of the public ways of The City, they shall give 
satisfactory evidence to the Mayor of said City that they 
have at least one bona jide telegraph, telephone, or elec- 
tric light system engaged for service. 


10. The Ohio Valley Telephone Company, a corpora- 
tion organized under the general laws of the State of Ken- 
tucky, its successors and assigns, are hereby granted per- 
mission to construct, maintain, repair, and operate in the 
public streets, avenues, alleys, and sidewalks of The City 
of Louisville, Kentucky, for the term of twenty-five years 
successively from the approval of this ordinance, pipes, 
cables, wires, and other conductors, together with all the 
necessary testing-stations and other attachments and ap- 
purtenances for the purpose of transmitting sound, sig- 
nals and telephone communications by means of elec- 
tricity. 

11. Second—Said pipes, cables, wires, e¢c., shall be laid 
underground, and in such a manner as not to interfere with 
the proper use of said streets, avenues, alleys, and side- 
walks. 


12. Third—Said Telephone Company, its successors or 
assigns, Shall make no excavation in any street, avenue, 
alley, or sidewalk without first obtaining written permis- 
sion to do so from the City Engineer. 


13. They shall not at any time open or incumber more of 
any street, avenue, alley, or sidewalk than may be neces- 
sary to enable them to perform the work with proper econ- 
omy and efficiency in the laying of their wires, conduits, 
pipes, or conductors, nor shall they permit such opening or 
incumbrance to remain for a longer period than may be 
necessary to do the work for which said opening shall have 
been made, and they shall put up and maintain about said 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


openings and incumbrances such barriers and lights as 
will effectually prevent the happening of any accidents 
by reason of such openings or incumbrances. 


14, Fourth—In laying their pipes, cables, or conductors 
the said Telephone Company, its successors, or assigns, 
shall do no permanent injury to any street, avenue, alley, 
or other public place or shade tree, nor shall they unnec- 
essarily disturb or interfere with any sewers, water-pipes, 
or gas-pipes now laid in The City, or which may be laid 
at said time. 


15. Fifth—Wherever the said Telepone Company, its 
successors, or assigns, shall open ground for the purpose 
of laying its pipes, cables, or conductors, they shall with 
all due diligence, after the completion of said work, 
restore said streets, avenues, alleys, and sidewalks so 
opened, or any sewer, gas-pipe, or water-pipe located 
thereon, toa condition equally as good as when said open- 
ing was made, at their own expense, and to the satisfac- 
tion of the City Engineer, and in case of their failure or 
refusal to do so, The City may proceed to do the same, 
and the said Telephone Company, its successors or assigns, 
shall be liable for the cost thereof. 


16. Sixth—Said Telephone Company, its successors or 
assigns, shall commence the construction of said system 
within six months after the approval of this ordinance. 


17. Seventh—The City of Louisville reserves the right 
to lay wires in the said pipes and conductors for the fire 
and police service of said City, such use by The City to 
be free of any charge on the part of said Telephone Com- 
pany, its successors or assigns; and it is further stipu- 
lated that in portions of The City wherein telephone pole 
lines are used the said Company guarantees to The City 
the use of the top ten inches of said poles, free of charge, 
for its fire and police service. 


18. Kighth—In no case shall The City be liable for any 
injury or damage to any third party which may be caused 
by the putting down of said pipes, cables, conductors, or 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


796 


Id., Section 9. 


Id., Section 10. 


AN act to 
incorporate 
the Kentucky 
Steam Heating 
and Electric 
Lighting Co. 
Approved Apr. 
22, 1880, Sec- 
tion 1. 


Ia., Section 2. 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


wires, by the said Telephone Company, its successors or 
assigns, and the said Telephone Company, its successors 
or assigns, shall protect The City and hold it harmless 
from any and all damages which may arise from said 
cause. 


19, Ninth—As soon as practicable after the approval of 
this ordinance, and before the said Telephone Company, 
its successors or assigns, shall be allowed to open any 
street, avenue, alley or sidewalk for the purpose herein- 
before stated, the said Telephone Company, its succes- 
sors or assigns, shall execute a bond for the sum of fifty — 
thousand dollars, with good and sufficient security, in 
favor of The City of Louisville, conditioned that the said 
Telephone Company, its successors or assigns, shall faith- 
fully comply with all the requirements of this ordinance, 
said bond to be renewed from time to time, with such 
security as the General Council may require. 


20. Tenth—Nothing in this ordinance shall be con- 
strued as to give to said Telephone Company, its succes- 
Sors or assigns, any exclusive right to lay underground 
pipes, conductors, cables or wires, in the streets, avenues, 
alleys or sidewalks of The City of Louisville. 

21. Thomas H. Hays, Harry Stucky, W. R. Ray, W. 
N. Haldeman, James Bradley, their associates and suc- 
cessors, be, and they are hereby, created a body corpor- 
ate and politic, under the name and style of the Kentucky 
Steam Heating and Electric Lighting Company, for the 
purpose of heating by steam and lighting by electricity 
The City of Louisville and Jefferson County, Kentucky, 
and shall be capable of contracting and being contracted 
with, suing and being sued, holding, selling, leasing, and 
conveying real estate and personal property. 

22. The capital stock of said Company shall be one 
hundred thousand dollars, in shares of one hundred dol- 
lars each, which may be subscribed by any individual or 
corporation; and said capital stock may be increased by 
the board of directors of said Company to eny amount 
not exceeding one million dollars. 


TELEGRAPH, TELEPHONES, AND CONDUITS. 


23. The affairs of said Company shall be managed and 
controlled by a board of seven directors, to be elected by 
the stockholders in such time and manner as may be pre- 
scribed by by-laws of said Company. 


24. Said Company shall have power, from time to time, 
- to incur such indebtedness as it may deem necessary for 
the successful prosecution of its business, and may issue 
bonds therefor, not exceeding seven hundred and fifty 
thousand dollars, payable at such time and place as it 
may deem proper, bearing interest not exceeding seven 
per centum per annum, and may secure the payment of 
such bonds by a mortgage or mortgages on all property 
purchased or owned by it. | 

29. Said Company is given power to make necessary 
and adequate by-laws, not inconsistent with the constitu- 


tion and laws of this State, to successfully prosecute its 
business and to excute the powers herein granted. 


26. This act to be in force from and after its passage. 


Bes See ENGINEER—FINES AND MISDEMEANORS—GENERAL CoUNCIL— 
License—PuBLic WAYS—STREET IMPROVEMENT. 


T97 


Id., Section 38. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


GAC ETE Poesy sid 


TRANSFER AND TRANSPORTATION 
COMPANIES. 


CON TENA SS: 


1. The Louisville Transfer Com- 
pany incorporated. 

2. To dothe business of a general 
common carrier. 

3. Amenability and liability to 
The City of Louisville. 

4. Powers vested; limitation on 
real estate. 

5. Directors and the principal 
office. 

6. Amendment increasing num- 
ber of directors. 

7. The Louisville Railway Trans- 
fer Company incorporated; corporate 
powers. 

8. Power to contract with certain 
railroad companies. 

9. Capital stock. 

10. Organization and management. 

11. Rights and privileges. 

12. May issue bonds. 

13. Rights of certain railroad com- 
panies in relation to the Company. 

14. Tariffoftransportation charges. 

15. The Short-route Railway 
Transfer Company incorporated; cor- 
porate powers. 

16. Given exclusive privilege of 
building and operating a railroad 
through the portion of The City north 
of Main Street and between First 
and Fourteenth streets. 

17. May have the right of way 
through any street within the pre- 
scribed district. io 


18. Especial authority and power 
of the corporation. 


19. May make connections with 
the railroads terminating in The City. 
20. May regulate its freight and 
passenger rates and rolling stock; and 
may arrange by contract for the use 
of the property of other companies. 


21. Branch roads. 

22. Side-tracks and switches. 

23. Directors. 

24. Provisions which shall be made 
in the by-laws of the Company. 

25. May cause condemnation of 
land. 

26. Proceedings of condemnation. 
' 27. Power to borrow money. 

28. Regulation of net earnings. 


29. Discrimination in transporta- 
tion charges in favor of any person 
or concern prohibited. 

30. Limitation of the right of con- 
demnation, 

31. The right to connect with other 
railroads limited. 

32. Navigation and wharf rights 
not to be interfered with. 

33. Right of the Company to ex- 
clusive territory limited. 

34. Effect of the franchise upon 
City ordinances. 

35. The right of way granted by 
The City from Second Street to Four- 
teenth Street. 


I 


TRANSFER AND 


36. The tracks to be so constructed 
as will least obstruct business, traffic, 
and travel. 

37. From Third Street to Tenth 
Street the tracks shall be elevated to 
permit passage thereunder. 

38. Tracks to be laid under the su- 
pervision of the City Engineer, and 
tracks not elevated must conform to 
street grades. 

39. The rate of speed over surface 
and elevated tracks. 

40. Flagmen at thestreet-crossings. 

41. Discrimination in rates for or 
against any corporation, individual, 
or firm prohibited. 

42. Side-tracks and switches. 

453. The City of Louisville to be 
held harmless from payment or lia- 
bility for damages. 

44, Time tor building the railway. 

45. Coal toll. 


46. The right of way from Second 
Street along Water Street to Preston 
Street and from Second Street to the 
east side of First Street north of Ful- 
ton Street, granted by The City. 

47. Terms and conditions of the 
grant. 

48. Freight rates, tolls, and charges; 
net earnings; right of condemnation; 
connecting with other roads; naviga- 
tion and wharf rights. 

49. Legislation in accordance with 
the ordinance restrictions required as 
a condition precedent. 

50. The West End Transportation 
Company incorporated; corporate 
powers. 


TRANSPORTATION COMPANIES. 


51. May construct and operate a 
street railway within prescribed 
limits. 

52. The power to construct such 
road dependent on permission of and 
contract with The City of Louisville. 

58. Provisions to be contained in 
the contract. 

54. Theright tocondemn property. 

55. May use the tracks of the Louis- 
ville City Railway Company on Main 
Street. 

56, Capital stock. 

57. Board of directors; by-laws, 
rules and regulations. 


58. The Central Transfer Company 
incorporated; preamble. 

59. Incorporators; corporate pow- 
ers. 

60. Specific powers; rights and 
privileges. 

61. Power to borrow money, and 
incidental powers. 

62. Operation and construction of 
roads and switches. 

63. Authority to construct and ope- 
rate steam- or horse-power railroads. 


64. Rights of connection with other 
railroads. 


65. Regulation of rates of trans- 
portation, ete. 

66. Side-tracks and switches. 

67. Capital stock. 

68. Directors and management. 

69. By-laws. 

70. Effect of act. 


1. S. M. Lamont, Z. M. Sherley, W. F. Harris, Wm. C. 
Hite, and J. L. Bradley, and their successors, are hereby 
constituted a corporation, to have corporate existence for 


thirty years. 


2. Said corporation is empowered to carry on the busi- 
ness of common carriers in transporting passengers, bag- 
gage, merchandise, and other articles between points 
within the State of Kentucky and points without. said 
State, and also between points wholly within said State. 


3. Said corporation shall be liable as such to the opera- 


An act to 
incorporate 
the Louis ville 
Transfer Com- 
pany. Ap- 
proved Feb. 11, 
1867.) Seer Tl. 


Id., Section 5. 


Id., Section 6. 


800 


Id., Section 10. 


Td., Section 11. 


An act to 
amend an act 
to incorporate 
the Louisville 
Transfer Com- 
pany, approved 
Re bietl1c67, 
Approv’d Mar. 
31, 1884. 


An act to in- 
corporate the 
Louisville 
Railway Trans- 
fer Company, 
and conferring 
certain powers 
in relation 
thereto on the 
Louisville, Cin- 
cinnati and 
Lexington, and 
the Louisville 
and Nashville 
Railroad com- 
panies. Ap- 
proved March 
10,1871. Sec. 1. 


Id., Section 2. 


TRANSFER AND TRANSPORTATION COMPANIES. 


tion of all ordinances of The City of Louisville regulating 
streets and vehicles, taxation, and licenses, in the same 
manner that an individual would be or is. 


4. Said Company is vested with the general common 
law powers of corporations, and in addition thereto, may 


hold such real estate as may be necessary or convenient. 


in the transaction of their business, not exceeding one 
hundred thousand dollars in value. 


9. The corporators above named shall serve as directors, 
with full poweras such under this act until their succes- 
sors are elected. The principal office of said Company 
shall be in Louisville. 


6. ‘‘An act to incorporate the Louisville Transfer Com- 
pany,’ approved February 11, 1867, is hereby amended 


so as to authorize the stockholders of said Company to 


increase the number of directors of said‘ Company to any 
number not exceeding nine. This act shall take effect 
from and after its passage. 


7. Norvin Green, H. D. Newcomb, Joshua F. Speed, 
George W. Norton, -Lyttleton Cooke, W. B. Caldwell, 
E. D. Standiford, Albert Fink, and Samuel Gill and their 
associates and successors are hereby incorporated by the 
name and style of the Louisville Railway Transfer Com- 
pany; and shall, by such name, have perpetual succes- 
sion, with all the rights and privileges of a body politic 
and corporate, including the right to purchase and hold, 
sell and convey, real estate; to have and use a common 
seal and the same to alter or amend at pleasure. 


8, Said Company is hereby authorized and empowered 
to contract with the Louisville, Cincinnati and Lexington 
Railroad Company and the Louisville and Nashville 
Railroad Company, and other parties interested, for the 
right of way, road-bed, and other properties pertaining 
to the same, and to build, or complete building, equip, 
and operate a railroad through The City of Louisville, 
with a single or double track, on and along the route 
granted to said railroad companies by The City of Lowis- 


__. 


lt ee oe 


TRANSFER AND TRANSPORTATION COMPANIES. 


SO1 


ville, connecting the Louisville, Cincinnati and Lexington 
Railroad with the Louisville and Nashville Railroad; 
and the said Louisville, Cincinnati and Lexington, and 
Louisville and Nashville Railroad companies are hereby 
authorized and empowered to sell, convey, and transfer 
to the said Louisville Railway Transfer Company, their 
respective rights and interests in said connecting line of 
railroad now partially constructed, and to receive in pay- 
ment therefor either money or the stock orbonds of said 
Louisville Railway Transfer Company, by this act au- 
thorized to be issued, as may be agreed on between them. 
And the said Louisville Railway Transfer Company, on 
making such purchase from said railroad companies, 
shall succeed to all the rights and powers, and assume 
all the obligations of said companies, contained in or 
growing out of the contract of said companies with The 
City of Louisville, or the charter rights and obligations 
of the said companies, or either of them, or in any man- 
ner pertaining to the acquisition of right of way and con- 
struction of said connecting railroad, 


9. The capital stock of said Louisville Railway Trans- 
fer Company shall be one hundred thousand dollars, in 
Shares of one hundred dollars each, for which capital 
stock the said Louisville, Cincinnati and Lexington Rail- 
road Company and Louisville and Nashville Railroad 
Company may each subscribe for, hold and own an 
amount not exceeding one equal half of said stock, which 
shall be paid for at such time and in such manner as may 
be agreed upon with, or shall be assessed and called by, 
the board of directors of the said Louisville Railway 
Transfer Company. Said railroad companies shall not 
sell and transfer said stock to any other person or cor- 
porations without the consent of The City, evidenced by 
a resolution of the General Council. The capital stock 
may be thereafter increased, from time to time, by stock 
dividends, or by further subscriptions thereto, for the ob- 
ject of carrying out and completing any of the works au- 


thorized in this act, in such sum or sums, at such time or 
ol 


Id., Section 8. 


TRANSFER AND TRANSPORTATION COMPANIES. 


Id., Section 4. 


Id., Section 5. 


times, and on such terms and conditions, as the board of 
directors of said Railway Transfer Company shall deter- 
mine: Provided, always, that in any subscription for, or 
sale of, additional capital stock the said Louisville, Cin- 
cinnati and Lexington and the said Louisville and Nash- 
ville Railroad companies shall each be entitled to take 
one equal half of such increase. 


10. When the original one thousand shares of capital 
stock shall have been subscribed, the corporators named 
in this act, or a majority of them, shall designate the time 
and place of meeting of said stockholders for organiza- 
tion, giving at least three days’ notice of such meeting, 
when the company shall be organized by the election of 
six directors, to serve for the term of one year and until 
their successors are duly elected and qualified, three of 
whom shall be stockholders in the Louisville, Cincinnati 
and Lexington and three stockholders in the Louisville 
and Nashville Railroad Company; and in case such meet- 
ing shall fail to make such organization and election of 
directors, such meeting may adjourn to any other day it 
may designate; or failing to do that, may be again called 
together by said corporators, or majority thereof, until 
an organization shall be effected. Hach director, before 
entering upon his duties as such, shall make and sub- 
scribe an oath that he will faithfully discharge his duties 
as such director in the interest of said Company. ‘The 
board of directors shall elect one of their number presi- 
dent, and such other officers as may be designated by the 
by-laws; and the by-laws shall also designate the time 
and place of annual meetings of the stockholders for elec- 
tion of directors, the manner of filling vacancies in the 
board, and make other rules and regulations for the gov- 
ernment of the Company notinconsistent with the laws of 
this commonwealth and of the United States. Such by- 
laws shall be made, altered, or amended by a majority in 
interest of the stockholders. 


11. The Louisville Railway Transfer Company may ac- 
quire the right of way, construct and operate any branch 


oa 


TRANSFER AND TRANSPORTATION COMPANIES. 


roads connecting with other railroads terminating at 
Louisville, or connecting therewith by bridge or ferry, 
extensions, and switches, to their said connecting rail- 
road, for the accommodation of the commercial and man- 
ufacturing business of The City of Louisville, said City 
consenting thereto; and for the purpose of acquiring the 
right of way for said connecting railroad, and for such 
extensions, branches, and switches, and for acquiring 
lands for depots, stations, turn-outs, machine and car- 
shops, said Company shall have power to condemn, by 
commissioners, who shall be appointed by the presiding 
judge of the Jefferson County Court, in like manner, and 
with all the powers and franchises granted to the Louis- 
ville and Frankfort, and Lexington and Frankfort Rail- 
road companies, for the construction of their Covington 
and Newport branch road. AI shippers over or along 
the line of the connecting roads shall be entitled to side- 
tracks and switches; and said Transfer Company shall 
furnish to all shippers by the car-load empty cars at either 
end of said road, or at any switch or side-track thereon, 
and deliver loaded cars at either end of the road, or at 
any switch or side-track, at one dollar per loaded car, and 
empty cars free of charge, in accordance with the contract 
with The City of Louisville. 


12. To aid said Company in the acquisition, comple- 
tion, and equipment of said connecting railroad, its ex- 
tensions, depots, switches, and other works, said Louis- 
ville Railway Transfer Company may issue its bonds in 
sums of one thousand dollars or less, to an extent not ex- 
ceeding three hundred thousand dollars, with coupon 
notes for accruing interest thereto attached ; said bonds 
having not longer than thirty years to run, and bearing a 
rate of interest not exceeding ten per cent. per annum ; 
and may secure payment thereof by mortgage, lien, or 
liens on the property and franchises and net earnings of 
said Company ; and said bonds may be further secured, 
in whole or in part, as to the payment of interest or prin- 
cipal, or both, by the indorsement or guarantee of the 


Id., Section 6. 


804 


Id., Section 7. 


Id., Section 8. 


TRANSFER AND TRANSPORTATION COMPANTES. 


Louisville, Cincinnati and Lexington Railroad Com- 
pany, and of the Louisville and Nashville Railroad Com- 
pany, or either of them; and said bonds may be sold, 
pledged, or hypothecated by the said Louisville Rail- 
way Transfer Company, for the purpose of raising money 
for the purchase or acquirement of said roadway, and 
material and properties for the completion and equip- 
ment of the same, its extensions, switches, depots, and 
other necessary works, in such manner and on such 
terms as the board of directors shall authorize and di- 
rect; and said Louisville, Cincinnati and Lexington, 
and Louisville and Nashville Railroad companies may, 
jointly or severally, indorse or guarantee payment of 
any or all of said bonds; and may purchase, hold, or 
sell the bonds and stocks of said Louisville Railway 
Transfer Company. 


13. The Louisville, Cincinnati and Lexington, and the 
Louisville and Nashville Railroad Company, shall both or 
either have full power to contract with said Louisville Rail- 
way Transfer Company as to the transfer to said Louisville 
Railway Transfer Company of the rights and properties 
already acquired by them, or either of them, in said con- 
necting railroad, as to the terms and manner of complet- 
ing and operating thesame; and when the existing rights 
of property and franchises shall be fully transferred and 
relinquished to the said Louisville Railway Transfer Com- 
pany, and the said Louisville, Cincinnati and Lexington, 
and Louisville and Nashville Railroad companies, shall 


_be reimbursed for their respective outlays thereon, the 


full title thereto shall vest in the said Louisville Railway 
Transfer Company free from all encumbrance, as if the 
said Louisville, Cincinnati and Lexington, and Louisville 
and Nashville Railroad companies had acquired and 
owned it only in trust for the said Louisville Railway 
Transfer Company. Said connecting railroad may be 
leased to and operated by either of said railroad com- 
panies mentioned, or by other parties, as may be agreed. 


14, The transportation charge for transferring freight 


TRANSFER AND TRANSPORTATION COMPANIES. 


805 


over said road may be as high, but shall not exceed, fifty 
cents per ton for freight, thirty-five cents for each pass- 
enger, fifty cents for each freight car, and one dollar for 
each passenger, baggage or express car: Provided, that 
said Transfer Company shall not be bound to carry any 
lot or single package of freight for less than ten cents. 


15. U. E. Ewing, John G. Barret, H. Victor Newcomb, 
R. 8. Veach, Jilson P. Johnson, W. R. Ray, A. T. Pope, 
Chas. R. Long, M. W. Ferguson, Charles M. Thruston, B. 
F. Camp, J. A. Krack, Thos. Bradley, J. Clifford, and 
their associates, successors, and assigns, are hereby in- 
corporated by the name and style of the ‘‘Short-route 
Railway Transfer Company,’’ and shall by such name 


have a perpetual succession, with all the rights and privi- 


leges of a body politic and corporate; to contract and 
be contracted with, sue and be sued; to have and use a 
common seal, and the same to alter and amend at pleas- 
ure; to have full power to purchase and hold real estate, 
or otherwise acquire transfer rights of way in The City 
of Louisville, and County of Jefferson. 


16. Said corporation is hereby granted the exclusive 


privilege to build, construct, maintain, and operate a rail- 


way transfer company, by steam or animal power, for 
the transportation of passengers and freight by the car- 
load or otherwise, including that portion of The City of 
Louisville north of Main Street, from the east side of First 
Street to the west side of Fourteenth Street, for a period 
of ninety-nine years, dating from January 1, 1873. 


17. Said corporation shall have the right, by and with 
the consent of the General Council of The City of Louis- 
ville, to the use of or right of way to such streets and 
alleys and such portions of The City’s wharf within the 
limits named in the second Section of this act as the in- 
terests of said corporation may require, and in such man- 
ner and under such reasonable restrictions and conditions 
as may be agreed upon between said corporation and the 
General Council of the said City of Louisville. 


An act to 
incorporate the 
Short-route 
Railw’y Trans- 
fer Company. 
Became a law 
March 7, 1873. 
peel, 


Id., Section 2. 


Id., Section 3. 


806 


Id., Section 4. 


Id., Section 5. 


8 fie Section 6. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


TRANSFER AND TRANSPORTATION COMPANIES. 


18. Said corporation is hereby authorized and empow- 
ered to construct, keep up, maintain, equip, and operate, 
or permit or authorize others to construct, keep up, equip, 
maintain, and operate, a railroad, by steam or animal 
power, with one or more railway tracks within the limits 
named in Section 2 of this act, and acquire such rights of 
way and grounds, and establish such buildings, depots, 
warehouses, and elevators that may be needful to the in- 
terests of said corporation. 


19, Said corporation shall have the right to connect its 
track or tracks, as may be determined by said corpora- 
tion, with track or tracks, grounds, buildings, and depots 


of any and all railroads that may now or hereafter termi- 


nate in said City. 


20. Said corporation shall have the right to regulate 
the rates of transportation for freight and passengers, 
cars and locomotives over their track or tracks, as the in- 
terests of said corporation may require, and to contract 
with such other companies, corporations, or individuals 
for the use of their tracks, buildings, depots, and eleva- 
tors, upon such terms and conditions as said corporation 
may deem best. : 


21. The Short-route Railway Transfer Company may 
acquire the right of way, construct, and operate any 
branch road or roads connecting with other railroads ter- 
minating at Louisville, or connecting therewith by any 
bridge, extension, and switches to their said railroads 
or tracks, for the accommodation of the commercial and 
manufacturing interest of The City of Louisville, said 
City consenting thereto. 


22. That any shipper or shippers over or along the 
line of railway track or tracks of the Short-route Rail- 
way Transfer Company shall be entitled to side-tracks 
and switches upon such terms and conditions as may be 
agreed upon between said shippers and said Transfer Com- 


pany. 
23. The corporators, as named in the first Section of 


Ns Arete 


TRANSFER AND TRANSPORTATION COMPANIES. 


SOT 


this act, shall be ez-officio directors of the said Short- 
route Railway Transfer Company, and shall serve until 
their successors shall have been elected and qualified as 
in this act provided. 


24. Said corporation shall, by its by-laws, provide for 
the election of the directors thereof, designating the num- 
ber and determining their qualifications and the manner 
and time of their election; the number and title of the 
officers thereof, and the time and manner of their ap- 
pointment and the duration of their term of office; the 
amount of the capital stock of said corporation, dividing 
the same into shares and determining the amount of each 
share, and the manner of payment, which capital stock 
may be increased and diminished as required, in the judg- 
ment of the directors of said corporation, by the necessi- 
ties or interests of said Company; which capital stock is 
declared to be personal property, and subject to the laws 
governing personal property, and shall be free from all 
claim of dower or courtesy; and such by-laws shall have 
the same force and effect as if enacted herein. And the 
said corporation shall have power to adopt such other by- 


laws for the government of the Company, its officers, 


agents, and employes, in the general undertaking of the 
business of the corporation as, in the opinion of such di- 
rectors, may be needful and proper, and to alter and 
amend or repeal the same in accordance with the provis- 
ions thereof. 


25. Should the said corporation be unable to agree with 
the owners for the purchase of the land necessary or con- 


venient for the purpose named in this act as aforesaid, or 


for the right of way for such railways, side-tracks, or 
switches as they may desire to construct by virtue of this 
act, and in the accomplishment of the purposes herein 
contemplated said corporation may file a petition in the 
Louisville Chancery Court, which court is hereby given 
jurisdiction hereof, stating the facts relied upon, describ- 
ing the property sought to be condemned, and making 
the owners and all persons having lien thereon or interest 


Id., Section 10. 


Id., Section 11 


808 


Id., Section 12. 


Id., Section 13. 


TRANSFER AND TRANSPORTATION COMPANTLES. 


therein parties thereto, and may give notice to all non- 
residents and unknown owners of property as is now pro- 
vided in proceedings against them by the laws of this 
State, and praying that the value of the same may be as- 
sessed, and that the property described or the right of 
way demanded, as the case may be, shall be condemned 
for the use of said corporation, of which suit notice shall 
be given, as is provided in other like causes tried in said 
court. 


26. Whereas, the issues in such cases shall be made 
up, if either party shall demand a jury, the chancellor 
shall fix a day for trial, and shall direct the marshal of 
said court to select and summon a jury in such manner 
and from such class of citizens as such chancellor shall 
by rule of court order and direct, which said jury shall 
assess the value of the land sought to be condemned or 
the damage arising from the use of the right of way 
claimed; and upon the payment into court of such sum 
so assessed the chancellor shall direct the commissioner 
of said court to convey such real estate or right of way 
to said corporation. New trials, rehearings, or appeals 
may be had in all such cases as in other chancery cases. 
If neither party shall demand a jury, the chancellor shall 
try the cause. Evidence may be taken according to the 
practice.of said court; or, if the trial is by jury, either 
party may, at their option, produce witnesses on the 
trial. 

27. Said corporation shall have power to borrow money 
on the credit of the corporation not exceeding the amount 
of its capital stock, at a rate of interest not exceeding 
ten per cent. per annum, payable semi-annually; and 
may execute notes or bonds with semi-annual coupons 
attached therefor, in sums not less than one hundred 
dollars, having such time to run or mature as may be 
agreed upon by said corporation, and execute a mortgage 
or trust-deed upon its property, franchises, and rights 
then or thereafter acquired, to secure the payment of the 
principal and interest; and the stockholders of said cor- 


TRANSFER AND TRANSPORTATION 


COMPANIES. 


809 


poration, individually or in their corporate capacity, or 
any railroad company or companies or other corporation 
which, by contract or otherwise, may acquire the right 
to use any of the grounds, tracks, buildings, depots, and 
elevators, or other franchises, privileges, or rights of 
said Company, are hereby authorized to guarantee the 
payment of the same; and the corporation hereby cre- 
ated may dispose of such notes or bonds at such rates of 
premium or discount as the directors may deem best for 
its interest. This act shall take effect from and after its 
passage; and all acts or parts of acts inconsistent here- 
with are hereby repealed. 


28. The charter of the Short-route Railway Transfer 
Company, which became a law March 7, 1873, is hereby 
amended as follows, to wit: The said Short-route Rail- 
way Transfer Company shall so fix, regulate, and collect 
its tolls and charges that the net earnings shall not exceed 
ten per cent. profit upon the actual money cost of the pur- 
chase of property and the construction of the road, with 
its depots, switches, and other necessary works, and when 
the said earnings shall be increased beyond such amount 
the rates of freight shall be reduced accordingly. 


29. Said corporation shall make no discrimination in 
charges in transportation over the road in favor of any 
person, firm or corporation, but all shall enjoy equal 
rights and privileges in this respect. 


30. Said corporation shall not have the right to con- 
demn property except such as may be necessary for the 
construction of its main lines of railroad over the right of 
way granted it from Preston Street to Fourteenth Street, 
both streets included. 


31. The right of said corporation to connect its tracks 
with those of other railroads shall be, and is, limited to 
the space lying between Main Street and the Ohio River. 


32. Said corporation shall so construct its railroad as 
not to unnecessarily interfere with the navigation of the 
Ohio River along the City wharf, and so that the landing, 


An act to 
amend an act 
entitled An act 
to incorporate 
the Short-route 
Railw’y Trans- 
fer Company, 
which became 
alaw March 7, 
1873. Approv- 
ed Apr. 1,.1882. 
Sees. 1 and 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6, 


810 


TRANSFER AND TRANSPORTATION COMPANIES. 


TId., Section 7. 


Id., Section & 


An ordinance 
granting the 
right of way 
to the Short+ 
route Railway 
Transfer Com- 
pany along and 
over the City 
wharf and pub- 
lic ways of The 
City of Louis- 
ville, from Sec- 
ond Street to 
Fourteenth St. 
Approved Oct. 
15,1881. Sec- 
tion 1. 


loading, and unloading of boats shall not be interfered 
with, and the location of said railroad from Third Street to 
Fourth Street shall not be north of the red line commenc- 
ing at the southwest corner of Third Street and the wharf, 
and running thence westwardly to a point sixty-four feet 
south of the southeast corner of Fourth Street and the 
wharf, as shown upon a map on file in the City Engineer’s 
office in The City of Louisville. 


33. The exclusive right of said Company to the space 
lying south of the right granted to said Company by the 
General Council of The City of Louisville be limited to 
twenty (20) years from the ninth day of December, 1881. 


o4. Any provisions of the ordinances of The City of 
Louisville, so far as the same are in conflict with this act, 
are hereby declared null and void. .This act shall take 
effect from and after its passage. 


30. The right of way is hereby ganted, so far as The City 
of Louisville has the power to grant the same, to the 
Short-route Railway Transfer Company, to build, con- 
struct, maintain, and operate a Railway Transfer Com- 
pany by steam or animal power, over one or more tracks 
to be laid by said Company, as herein authorized, over or 
upon such streets, alleys, wharf, or other property owned 
by The City of Louisville, for the transportation of pas- 
sengers and freight by the car-load or otherwise, from the 
east side of Second Street, connecting with the Louisville, 
Cincinnatiand Lexington Railroad Company, thence along 
the City wharf and across or over such streets and alleys 
to Tenth Street, and thence by the most feasible route to 
Fourteenth Street, or to a connection with the bridge 
companies and railroads hereinafter mentioned, connect- 
ing with the Jeffersonville, Madison and Indianapolis 
Railroad, the Ohio and Mississippi Railroad, the Louis- 
ville, New Albany and Chicago Railroad, the Louisville, 
New Albany and St. Louis Air-line Railroad, and the 
Louisville Bridge Company, and Kentucky and Indiana 
Bridge Company. 


2 
; 
. 
i 


TRANSFER AND TRANSPORTATION COMPANIES. 


36. The Short-route Railway Transfer Company shall 
so build and construct the tracks over the route designated 
in the first Section of the ordinance as will least obstruct 
the business traffic and travel. | 


37. The Short-route Railway Transfer Company shall 
elevate its tracks over all the streets, from Third Street 
to Tenth Street, both included, so as to permit free pas- 
sage of all kinds of vehicles and pedestrian travel there- 
under. 


38. The Short-route Railway Transfer Company shall 
lay the tracks under the supervision of the City Engineer, 
and at all times said tracks, where not elevated, shall con- 
form to the grade of the streets and public ways. 


39. The rate of speed shall not exceed six miles per 
hour over the tracks laid to conform to the grade of the 
streets and wharf, and not exceeding fifteen miles per hour 
over the elevated tracks. 


40. The Short-route Railway Transfer Company shall 
have flagmen at such of the street-crossings as the Gen- 
eral Council may at any time require. 


41. The Short-route Railway Transfer Company shall 
not discriminate in favor of or against any corporation, 
firm, or individual in rates over the right of way herein 
granted or specified. 


42. The Short-roate Railway Transfer Company shall 
have the right to connect by switch or side-track with 
warehouses, elevators, depots, and bridges of other cor- 
porations, firms, or individuals from time to time, the 
General Council consenting thereto. 


43. The Short-route Railway Transfer Company shall 
hold The City of Louisville harmless from any and all 
damages by reason of the right of way herein granted. 


44. The work of building the said Short-route Railway 
shall be commenced within six months after the approval 
of this ordinance, and shall be completed within two 
years from the date of such approval; and if not, the 


S11 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8, 


Id., Section 9. 


Id., Section 10. 


Td., Section 11. 


An ordinance 
granting the 
right of way to 
the Short-route 
Railw’y Trans- 
fer Company 
to extend its 
track from Sec- 
ond St. along 
Water Street 
to Preston St., 
and from Sec- 
ond Street to 
the east side of 
First Street, 
northof Fulton 
Street. A p- 
proved Dec. 9, 
1881. Sec. 1. 


Id., Section 2. 


id., Section 3. 


TRANSFER AND TRANSPORTATION COMPANTES. 


right and grant shall be forfeited. But the General Coun- 
cil may extend such time, and in the event of any such 
stoppage by legal interference, the time of stoppage shall 
be added as further time within which to begin and com- 
plete the work. 


45. The maximum rate of toll upon coal shall be one 
dollar per car-load. 


46. The right of way, so far as The City of Louisville 
has the power to grant the same, is hereby granted to 
the Short-route Railway Transfer Company to extend its 
tracks from Second Street along Water Street to Preston 
Street, and from Second Street to the east’side of First 
Street, north of Fulton Street. Said tracks shall be ele- 
vated over Second Street to admit of pedestrian and 
vehicle travel thereunder; and shall also be elevated over 
First Street, and in all other respects to conform to the 
erade of the public ways in such manner as to least ob- 
struct business traffic and travel over and along the right 
of way herein granted. 

47. The Short-route Railway Transfer Company shall 
be subject to all the terms and conditions over the right 
of way herein granted, as specified in ordinance No. 
2,124, entitled ‘‘ An ordinance granting the right of way 


to the Short-route Railway Transfer Company along and . 


over the City wharf and public ways of The City of 
Louisville, from Second Street to Fourteenth Street,”’ 
approved October 15, 1881. 


48. The rate of freight per loaded car shall not exceed 
one dollar, and that the said corporation shall so fix, reg- 
ulate, and collect its tolls and charges, that the net earn- 
ings shall not exceed ten per cent. profit upon the actual 
money cost of the purchase of property and the construc- 
tion of the road, with its depots, switches, and other 
necessary works, and when the said earnings shall be in- 
creased beyond such amount, the rates of freight shall be 
reduced accordingly. Said corporation shall make no 
discrimination in charges in transportation over the road 


—— 


TRANSFER AND TRANSPORTATION COMPANIES. 


in favor of any person, firm, or corporation, but all shall 
enjoy equal rights and privileges in this respect. Said 
corporation shall not have the right to condemn property, 
except such as may be necessary for the construction of 
its main line of railroad over the right of way granted it 
from Preston Street to Fourteenth Street, both streets 
included. The right of said corporation to connect its 
tracks with those of other railroads shall be, and is, lim- 
ited to the space lying between Main Street and the Ohio 
River. Said corporation shall so construct its railroad as 
not to unnecessarily interfere with the navigation of the 
Ohio river along the City wharf, and so that the landing, 
loading, and unloading of boats shall not be interfered 
with. That the exclusive right of said Company to the 
space lying south of the right of way granted, be limited 
to twenty (20) years from the date of the approval of this 
ordinance, 


49. The Short-route Railway Transfer Company shall 
apply in good faith to the legislature at its present ses- 
sion, and use their best endeavors to secure amendments 
to the charter of said Company in accordance with the 
provisions of Section 3 of this ordinance: Provided, that 
the grants to said Short-route Railway Transfer Com- 
pany contained in this ordinance shall not take effect 
until said Company shall have applied to the legislature 
and had its charter so amended as to incorporate in it 
the restrictions and limitations on its rights contained in 
this ordinance. 


50. Wm. R. Ray, Pat. Cooper, Oliver Lucas, John 
Mason Brown, Thomas H. Hays, and 8. E. Herr, and their 
associates and successors, be and they are created a cor- 
poration, under the name and style of the West End 
Transportation Company; and by said name may have 
perpetual succession ; may sue and be sued, plead and be 
impleaded; have and use a common seal, and alter the 
same at pleasure; contract and be contracted with, and 
hold and acquire real and personal property, and dispose 
of the same by sale or mortgage. 


813 


Ia., Sectior. 4. 


An act to 
incorporate 
the West End 
Transportation 
Company of 
rhe City "of 
Louisville. 
Approved Mar. 
24, 1880. Sec- 
tion 1. 


814 


TRANSFER AND - TRANSPORTATION COMPANTES. 


Id., Section 2. 


Id., Section 38. 


Id., Section 4. 


Id., Section 5 


91. The said corporation shall have power and author- 
ity to construct and operate a line or lines of street rail- 
way within The City.of Louisville, within the following 
limits, to wit: <A line beginning at Main and Seventh 
streets, and extending south along Seventh Street to the 
southern limits of The City of Louisville, branching at 
Oak Street and running therewith west to Twelfth Street; 
a line beginning at the corner of Main and Tenth streets, 
and running thence south with Tenth Street to the pas- 
senger depot of the Louisville and Nashville Railroad 
Company, or near thereto; and thence west to Eleventh 


‘Street, and south to Lexington Street; thence to Twelfth 


Street, and with it south to the City limits. 


92. The said corporation shall not have power to con- 
struct such lines of street railway, or commence in any- 
wise their construction, until it shall first have obtained ° 
permission from the General Council of The City of Louis-— 
ville so to do; and such permission, if given, shall be in 
the form of a contract, with stipulations, to be approved 
by the Board of Common Councilmen, and by the Board 
of Aldermen, and by the Mayor of said City, and accepted © 
by the stockholders of said corporation, and signed by its 
president. 


53. The said permission and contract, if given and 
made, shall prescribe the terms upon which said corpora- 
tion’s lines of railway may traverse the streets of said 
City, and the terms upon which said corporation shall 
connect with other like corporations or street railway 
lines, and upon what terms it shall permit its lines, in 
whole or in part, to be used by connecting lines, and how 
the said terms shall be adjusted, and such other needful 
provisions as may to the General Council appear expe- 
dient to be incorporated therein. 


54. If the line or lines of said corporation traverse or 
infringe upon any private property, the same shall be 
compensated for to the owners; and if no agreement can 
be arrived at the said corporation may proceed to con- 


TRANSFER AND TRANSPORTATION COMPANTES. 


demn the same by writ of ad quod damnwm, according to 
the law regulating such proceedings. 


99. ‘he said corporation shall have the right, with the 


S15 


ld.. Section 6. 


consent of the General Council of Louisville, to run over 


the track of the Louisville City Railway Company on 
Main Street, between Seventh and Tenth streets, on equi- 
table terms, in accordance with the eleventh clause of the 
contract between The City of Louisville and said Louis- 
ville City Railway Company, approved ninth March, 1864, 
and accepted by said Company, and the other provisions 
of said contract. 


06. The capital stock of said corporation shall be one 
hundred thousand dollars, to be divided into one thou- 
sand shares of one hundred dollars each; and the said 
corporation shall not commence any work under this char- 
ter until at least twenty thousand dollars of stock sub- 
scribtion shall have been actually paid in. 


o¢. The said corporation shall be managed by a board 
of five directors, to be chosen by the stockholders at an 
annual meeting to be held on the thirty-first of December 
in each year. The said board shall serve for one year, and 
until their successors are elected and qualified. The 
board of directors shall choose a president and such other 
officers as may be necessary or useful for the management 
of the corporation and its business, and may require bond 
from any or all officials or employes. It shall also have 
power to prescribe by-laws, rules, and regulations for the 
conduct of the business of the corporation. This act shall 
take effect from its passage. 


58. Whereas The City of Louisville, by ordinance, ap- 
. proved by C. D. Jacob, Mayor, December 4, 1882,1 did 
empower H. A. Dumesnil to construct and operate a sin- 
gle- or double-track railroad, having a third rail, com- 
mencing on the west side of the Louisville and Nashville 
Railroad track where it crosses Ormsby Avenue, at or 


1See Chapter xxxvii, Section 21, page 560, ante. 


Id., Section 7. 


Td., Section 8. 


An act to in- 
corporate the 
Central Trans- 
fer Company 
Approved Apr. 
16, 1884. 


816 


TRANSFER AND TRANSPORTATION COMPANIES. 


Id., Section 1. 


Id., Section 2. 


Id., Section 38. 


near Ninth Street, if extended, running thence west and 
down Ormsby Avenue to the east line of the Chesapeake, 
Ohio and Southwestern Railroad, on Fourteenth Street, 
thence north on Fourteenth Street to the north side of 
Oak Street, so as to connect with the Public Elevator 
tracks; and, whereas, said H. A. Dumesnil has nearly 
completed said railroad, and it is now the desire of the 


owners thereof to transfer it to an incorporated com-- 


pany; Be it enacted by the General Assembly of the 
Commonwealth of Kentucky, that— 


99. H. A. Dumesnil, A. Dumesnil and H. Dumesnil and 
their associates, successors and assigns be, and they are 
hereby incorporated by the name and style of the Central 
Transfer Company, and shall by such name have per- 
petual succession with all the rights and privileges of a 
body politic and corporate, to contract and be contracted 
with, sue and be sued, to have-a common seal, and the 
same to alter and amend at pleasure. 


60. The corporation created by this act is hereby author- 
ized and empowered to purchase, own, use, enjoy, and 
operate the said railroad and all the property, rights and 
franchises acquired by said H. A. Dumesnil by grant from 
The City of Louisville under the aforesaid ordinance, upon 
such terms as may be agreed upon and upon the consum- 
mation of said purchase by the corporation hereby created, 
it shall become fully invested with all the rights and privi- 
leges of the said H. A. Dumesnil as conferred by the said 
ordinance. 

61. In order to enable the corporation created by this 
act to complete said purchase and pay the consideration 
agreed upon, and to operate and maintain said railroad, 
said corporation shall have power, from time to time, to 
borrow money on credit of the corporation not exceeding 


the amount of its capital stock, at a rate of interest not — 


exceeding six per cent. per annum, payable quarterly, 
semi-annually, or annually, and may execute notes and 
bonds, with or without coupons attached, therefor, in 
sums of not less than one hundred dollars, having such 


Wik. 


TRANSFER AND TRANSPORTATION COMPANIES. 


time to run or mature as may be determined by said cor- 
poration, and execute mortgages or trust deeds upon its 
property, franchises, and rights then or thereafter ac- 
quired, to secure the payment of the principal and inter- 
est; and the stockholders of said corporation, individu- 
ally or in their corporate capacity, or any railroad com- 
pany or companies or other corporation which, by contract 
or otherwise, may acquire the right to use any of the 
grounds, tracks, buildings, depots, and elevators, or other 
franchises, privileges, or rights of said company, are 
hereby authorized to guaranty the payment of the said 
notes and bonds; and the corporation hereby created may 
dispose of such notes and bonds at such rate of premium 
or discount as the directors may deem best for its inter- 
ests; and said corporation may assume and guaranty the 
payment of the twenty bonds of one thousand dollars 
each, issued by H. A. Dumesnil and secured by mortgage 
on said property. 

62. Said corporation shall have the right, and is hereby 
granted the right, to maintain and operate its railroad in 
accordance with the aforesaid ordinance of The City of 
Louisville, and to construct, maintain, and operate such 
switches, turnouts, and extensions as it may deem neces- 
sary to its business and as may be assented to by the Gen- 
eral Council of The City of Louisville. 


63. Said corporation is hereby authorized and empow- 
ered to construct, keep up, maintain, and operate or per- 
mit or authorize others to construct, keep up, maintain, 
and operate a railroad by steam- or animal-power, with 
one or more railway tracks, within the limits of this act, 
and acquire such rights of way and gronnds, and establish 
such buildings, depots, warehouses, and elevators as may 
be needful to said corporation. 

64. Said corporation shall have the right to connect its 
track or tracks, as may be determined by said corpora- 
tion, with the track or tracks, grounds, buildings, and 
depots of any railroad or manufacturing business estab- 


lishment, warehouses, lumber- or coal-yards, or elevators 
52 


Id., Section 4. 


ia., Section 5, 


Ia., Section 6. 


S18 


TRANSFER AND TRANSPORTATION COMPANIES. 


Id., Section 7. 


Id., Section 8. 


Id., Section 9. 


Id., Section 10. 


that are now or may be hereafter constructed on the line 
of said Ormsby Avenue and Fourteenth Street, or on the 
streets and alleys contiguous thereto, as is now or may 
hereafter be authorized by the General Council of The 
City of Louisville. 


65. Said corporation shall have the right to regulate the 
transportation of freight,:cars, and locomotives over its 
track or tracks, as the interest of said corporation may re- 
quire, within the limits of the terms prescribed by the 
aforesaid ordinance of the General Council of The City of 
Louisville, or any ordinance which said Council may here- 
after ordain; and shall also have the rights to contract 
with such other companies, corporations or natural per- 
sons for the use of their tracks, buildings, depots, and 
elevators, upon such terms and conditions as said corpo- 
ration may deem best. 


66. Any shipper or shippers over or along the line of 
the railway track or tracks of the Central Transfer Com- 
pany shall be entitled to side-tracks and switches upon 
such terms and conditions, within the limits and terms 
prescribed by the General Council of The City of Louis- 
ville in the aforesaid ordinance or other ordinances which 
the said General Council may hereafter ordain, as may 
be agreed upon between said shippers and said Central 
Transfer Company. 


67. The capital stock of said corporation shall be fifty 
thousand dollars, divided into shares of one hundred 
dollars each, which stock may be subscribed for and taken 
by any natural person, corporation or company, which 
capital stock shall be personal property and shall be free 
from all claim of dower or courtesy, and may be trans- 
ferred on the books of said corporation by the holder or 
his legally constituted attorney. 


68. The corporators as named in the first Section of this 
act, shall be ez-officio directors of said Central Transfer 
Company and shall serve until the second Monday in 
January, 1885, and until their successors are elected and 


Se Se 


TRANSFER AND TRANSPORTATION COMPANIES. 


819 


( 


qualified as in this act provided ; and.in order to continue 
the succession of the president and directors of said Com- 
pany, three directors shall be elected annually on the 
second Monday in January of each year, by a majority of 
the stockholders in interest, at such place as the directors 
may designate; and if for any cause the stockholders fail 
to elect a board of directors on the day prescribed in the 
charter, then the directors in office shall hold over until 
the succeeding annual election day, and until their succes- 
sors shall be elected and qualified ; and should a vacancy 
occur in the board by death or otherwise at any time, the 
remaining members of the board may fill such vacancy or 
vacancies ; and the directors shall elect one of their num- 
ber as president, and other officers at their first meeting 
after the annual election of directors. 


69. The directors of said Company shall have power to 
adopt such by-laws for the government of the Company, 
its officers, agents, and employes, in the general manage- 
ment of the business of the corporation, as in the opinion 
of such directors may be lawful and proper ; and to alter 
and amend or repeal the same in accordance with the pro- 
visions thereof. 


70. This act shall take effect from and after its passage. 


kes” See ENGINEER—GENERAL CoUNCIL—PUBLIC W AYS—RAILROADS— 
RAILWAYS—TAXATION. 


Id., Section 11. 


Id., Section 12. 


An ordinance 


pr 
the duties of 


escribing the 


Treasurer. Ap- 


pr 
18 


oved Oct. 26. 


ro 
Deeps 


CHAR EH Rsexiveii ls 


TREASURER. 


COND Nee Ss. 


1. Duty to receive and keep the 5, Duplicate receipts for money re- 
money of The City until disbursed. ceived. 

2. To receive and collect or account 6. The account of each separate 
for all notes, bonds, and other evi- | fund to be kept separately. 
dences of debt to The City, and re- 7. Unlawful use of public moneys 


quire settlements by all persons bound prohibited. 


by law to pay funds to him. 8. Monthly settlement with the 
How his books to be kept. Auditor. 


ta) 
o. 
4, Register and file of warrants. 9. Deposits in bank. 


1. The Treasurer shall receive and keep the money of 
The City until disbursed on warrants or paid under order 
of the Council. 


«. He shall also receive all notes, bonds, and other evi- 
dences of debt to The City, which he shall collect or ac- 
count for, and he shall see that all persons bound to pay 
money to the Treasurer make due account and payment, 
and shall promptly report- to the Council every failure 
to do so. 


3. He shall also keep in a proper set of books, by 
double-entry, a full and accurate account of moneys re- 
ceived and disbursed for The City, specifying the date of 
receipt and disbursement, from whom received and to 
whom paid, and on what account received or paid, keep- 
ing a separate and accurate account of each head of reve- 
nue or expenditure, and of each fund, and of the debts 
and credits belonging to each. 


TREASURER. 


4. He shall keep a register of all warrants redeemed or 
paid into the treasury, describing such warrant by its 
date, number, page, date of payment, and name of per- 
son to whom it was paid, and shall cancel and keep on 
file all such warrants. 

9. To each person paying money he shall deliver a dupli- 
cate receipt therefor, specifying the date of payment, on 
what account, and whether paid in money, in warrants, 
or otherwise. 

6. On receiving money set apart to several funds or ac- 
counts, he shall immediately credit to each fund or 
account its true proportion thereof. 


7. The Treasurer is prohibited from using, directly or 
indirectly, the public money, funds, or property in his 
charge for his own use or benefit ; and from permitting it 
to be used by or for any other person, unless authorized 


to do so by some law or ordinance. 


8. The Treasurer shall settle with the Auditor in pres- 
ence of the Mayor, at the end of each month, and ascer- 
tain the balance on hand of cash or other funds or prop- 
erty, and a statement of that settlement shall be filed 
with the Auditor, and by him laid before the Council at 
its next session. And for each failure to lay such state- 
ment before the Council, the Auditor shall be fined 
twenty-five dollars, unless the Council, at its next regu- 
lar meeting after the failure, shall remit the fine by 
resolution, for sufficient reasons to be presented in writ- 
ing by the Auditor. 

9. Whenever the moneys of The City in the possession 
or control of the Treasurer shall exceed five thousand 
dollars, he shall forthwith deposit the excess in the Bank 
of Kentucky, or such other chartered bank doing busi- 
ness in Louisville as the General Council may from time 
to time direct by resolution. 


fas-See AuDITOR—CLAIMS—CourtTs oF LAW—FINANCE—FINES AND 
MISDEMEANORS—GENERAL CouNCIL—LICENSE—OFFICES AND OFFICERS — 
RECEIVER OF TAXES—SINKING FuND—TAXATION. 


An ordinance 
prohibiting the 
improper use of 
public mone y. 
Approved Oct. 
26, 1858. 


An ordinance 
concerning 
settlements 
between the 
Treasurer and 
Auditor. Ap- 
proved Oct. 17, 
1853. 


An ordinance 
requiring de- 
posits in certain 
cases to be 
made in the 
Bank of Ken- 
tucky, or such 
other chartered 
bank doing 
business in 
Louisville, as 
the General 
Couneil may 
from time to 
time direct. 
Approved 
Noy. 17, 1854. 


GUE Aare To ie Xebg LeXe 


VEHICLES. 


. 


CONTENTS. 


1. Vehicles other than hacks not 
to stand waiting for employment, 
save in places designated by law. 


2. Places named where vehicles 
may stand. 


3. Vehicles may stand elsewhere 
if not forbidden by the owner or ten- 
ant of adjoining property. 

4. Position and management of 
vehicles on such stands. 


5, Fine provided for disobedience 
to law or police orders. 


6. Market-wagons permitted to 
stand in specified places and in man- 
ner described. 


7. Such wagons not permitted to 
stand in other specified places. 


8. Fine for violation of ordinance; 
Seventh Street market-place con- 
tinued. 


9. Repealer of former ordinance. 


10. Permission for these stands not 
applicable to Sundays, but extends 
until 10 o’clock p. M. on Saturdays. 


11. Market-wagons forbidden to 
stand in certain places. 


12. Market-wagons standing on 
Fifth and Green streets regulated. 


18. Wagons prohibited from stand- 
ing on the opposite side of the street 
during market-hours. 

14. Fine for violation of ordi- 
nance, 

15. Permission for and regulation 
of market-wagons in Second, Seventh, 
and other streets. 

16. Wagons prohibited from stand- 
ing on the east side of Second Street, 
_ between Jefferson and Market. 


17. Fine for violation of ordi- 
nance. 


18. Permission not to apply to 
Sundays, but extends until 11 o’clock 
Saturday nights; repeal of former 
ordinances. 


19. Prices of drayage regulated. 


20. Fine for violation of the pro- 
vision. 


21. The numbering of vehicles. 


22. Fine for altering numbers or 
deceiving in regard thereto. 


23. Fine for running an unlicensed 
vehicle. 


24. Vehicles to be driven to the 
right. 

25. Fine for violation of the pro- 
visicn. 

26. The regulation of stands for 
vehicles. 


27. Maximum weights of loads in 
four-wheeled vehicles; schedule. 


28. Maximum weights for two- 
wheeled vehicles; schedule. 


29. Conditions upon which loads 
in excess of eight thousand pounds’ 
weight may be hauled. 


30. Number, name of owner, and 
maximum weight of load to be indi- 
cated on each vehicle. 


31. Police may weigh loads. 


32. Duties of License Inspector 
with reference to vehicle. 


88. Fine for violation of ordi- 


nance. 

34. Certain four-wheeled vehicles 
allowed an excess of one thousand 
pounds over the fixed maximum. 


VEHICLES. 


35. Repealer; effect. may not take up other passengers 

36. What vehicles shall be deemed | Without the consent of the occupant 
hacks. | of his hack. 

37. Printed copies of certain parts 45. Fine for violation or non-ob- 
of the hack ordinance, and the state- | servance of the ordinance. 
ment of rates to be supplied; appli- 


ae 46. How such fines are recover- 
ants. 


able; duties of the officer making the 
38. Requirements of owners and | arrest. 

ep gaa Oba ohtala me nach: license, 47. Disability of owners or drivers 
39. Finable offenses by owners and | who shall have been thrice convicted 

drivers. _ of a breach of ordinance provisions. 
40. Hacks driven or used at night 

required to have lamps with number 

thereon. 


48. All owners of licensed hacks to 
comply with the ordinance in twenty 
- | days. 
41. The conduct of hack-drivers F 


fe ay 49. Hack rates and prices of fare 
while waiting for employment. eed is pee ate 


tariff. 

. ; 50. Passengers in hacks; their 
43. An owner or driver not to de- | number; children at half-rates. 

mand nor receive pay for services un- 


42. The licensing of hack-drivers. | 


- ote : F ae ofa. ay, aur, 
less certain conditions are complied 51. Failure or refusal of hackmen 
with. to meet engagements. 

44. An owner or driver not to re- 52. Repeal of former ordinances ; 


fuse to carry when applied to, and | effect of ordinance. 


1. It shall be unlawful for furniture-cars, wagons, drays, 
carts, or other wheeled vehicles (excepting hacks) to stand 
waiting for employment upon any of the streets of The 
City of Louisville, except as hereinafter provided. 


2. Furniture-cars, or other wheeled vehicles (excepting 
hacks) may stand on the west side of Fifth Street, be- 
tween Court Place and Jefferson Street; on the east side 
of Sixth Street, between Court Place and Jefferson Street; 
and on the north side of Green Street, between Brook and 
Floyd streets. 


3. Furniture-cars, express-wagons, or other wheeled 
vehicles (except hacks) are hereby permitted to stand, 
other than at the localities herein named, upon any of the 
streets of The City, next to the sidewalk or curbing, when 
not prohibited by the owner or tenant of any business- or 
dwelling-house or property fronting or binding thereon. 


4. They shall stand close to the curb-stone, and remove 
from place to place at the stand or change place, as may 
best promote the convenient transaction of business by 
other persons or vehicles ; and to facilitate such business 


823 


An ordinance 
regulating 
stands for fur- 
niture-ears and 
other vehicles. 
Approv’d Aug. 
31, 1872. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


824 


Id., Section 5. 


id., Section 6. 


Id., Section 7. 


Id., Section &. 


Id., Section 9. 


VEHICLES. 


any policeman shall, when expedient, give orders as to 
the vehicles, directing their positions and management. 


9. For a failure to comply with the requirements of this 
ordinance, or any order of a policeman in enforcing the 
same, the owner or driver shall be fined for each offense 
not less than five nor more than twenty dollars. An ordi- 
nance entitled ‘‘An ordinance regulating furniture-car 
stands,’’? approved November 29, 1871, and all ordinances 
in conflict herewith are hereby repealed. 


6. Market-wagons be and they are herby permitted to 
stand on the west side of Second Street, between Jeffer- 
son and Market streets, and on the east side of Eleventh 
Street, between Main and Jefferson streets, between the 
hours of 8 o’clock P. mM. and 11 o’clock A. m.; but in no 
case shall said wagons obstruct the free passage of the 
streets. The rear wheels of said wagons shall be placed 
against the curbing, which being done, the beasts shall 
be immediately detached from the vehicles and removed 
from the streets. After the animals shall have been de- 
tached as aforesaid, the owner of each vehicle shall remove 
the tongue or shaft from the same, unless said tongue or 
shaft beso turned up and secured as not to extend beyond 
the body of the wagon. 


7. No market-wagon or other vehicle used for the pur- 
poses of a market wagon, and no animal or animals be- 
longing to or accompanying such vehicles, shall be per- 
mitted to stand or remain in waiting on the east side of 
the aforesaid portion of Second Street, or on the west side 
of the aforesaid portion of Eleventh Street. 

8. Any person violating any of the provisions of this 
ordinance shall, for each offense, be fined not less than 
five dollars nor more than twenty dollars: Provided, that 
nothing herein contained shall repeal Ordinance No. 330, 
establishing Seventh Street as a market-place. 


9. That an ordinance on the same subject as this, ap- 
proved July 11, 1871, be and the same is hereby repealed. 


Id.. Section 10. 10, The permission granted in Section 1 shall not apply 


VEHICLES. 


to Sundays, and is hereby extended to permit said wagons 
to remain standing on Saturdays until the hour of 10 Pp. M. 


11. It shall be unlawful for any owner or driver of any 
market-wagon to permit his wagon to stand on Market 
Street, between Fifth and Sixth streets, and on Sixth 
Street, between Jefferson and Market streets, for the pur- 
pose of marketing, or for any huckster or dealer in mar- 
keting to occupy any portion of the above-named streets 
or sidewalks for the sale of any provisions or other arti- 
cles; and for a violation of either of the provisions of 
this ordinance, the person so violating shall be fined not 
less than five nor more than ten dollars for each and every 
offense. 


12. Market-wagons are hereby permitted to stand on 
the east side of Fifth Street, from Green Street to the first 
alley south of Green Street, and on the south side of 
Green Street, from Fifth Street to a point two hundred 
and sixteen feet east of Fifth Street, from 8 o’clock Pp. Mm. 
to 11 o’clock A. M.; but in no case shall the said wagons 
obstruct the free passage of the street. The rear wheels 
of the vehicles shall be placed against the curbing, which 
being done, the beasts shall be immediately detached 
from the vehicle and removed from the street. After the 
animals shall have been detached from the said vehicles, 
the owner of said vehicles shall remove the tongues or 
shafts from the said vehicles, unless the tongues or shafts 
can be so turned up as not to extend beyond the wagons. 


13. No horse or mule, wagon, cart, or other vehicle 
shall be permitted to stand on the west side of Fifth Street, 
between Green Street and the first alley south of Green 
Street, or on the north side of Green Street, between Fifth 
Street and a point two hundred and sixteen feet east of 
Fifth Street aforesaid, during market hours. 


14. Any person violating this ordinance shall, for each 
offense, be fined not less than five nor more than twenty 
dollars. 


825 


An ordinance 
relating to 
market wagons 
and hucksters. 
Approv’d Apr. 
24, 1869. 


An ordinance 
permitting 
market -wag’ns 
to stand on the 
east side of 
Fifth Street, 
from Green 
Street to the 
first alley south 
of Green St., 
and on the 
south side of 
Green St. to a 
point two hun- 
dred and six- 
teen feet east 
of Fifth Street. 
Approved 
June /,' 1878. 
Sec. 1. 


Id., Section 2. 


Id., Section 8 


826 


VEHICLES. 


An ordinance 
designating 
and regulating 
stands for ve- 
hicles used in 
marketing. 
Approved May 
12.3877, 7 bee 
tion 1. 


~ 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


An ordinance 
regulating the 
prices of dray- 
age within the 
City limits. 
Approv’d July 
1, 1865. Sec. 1. 


15. Market-wagons are hereby permitted to stand on 
the west side of Second Street, between Jefferson and 
Market streets, on the east side of Seventh Street, between 
the north line of Jefferson Street and Bamberger, Bloom 
& Co.’s south line, and on the north side of Green, be- 
tween Fourth and Fifth streets, and on Fifth Street from 
Green Street south to first alley, and on no other streets 
in said City, and at no other point than those designated . 
in this first Section of this ordinance, between the hours of 
8 o'clock Pp. M. and 11 o’clock A. M., but in no case shall 
said wagons obstruct the free passage of the streets. The 
rear wheels of said wagons shall be placed against the 
curbing, which being done, the beasts shall be immed1- 
ately detached from the vehicles and removed from the 
streets. 

16. No market-wagon or other vehicle used for the pur-- 
pose of a market-wagon, and no animal or animals be- 
longing to or accompanying such vehicles shall be per- 
mitted to stand or remain in waiting on the east side of 
the aforesaid portion of Second Street. 

17. Any person violating any of the provisions of this 
ordinance shall for each offense be fined not less than ten 
nor more than thirty dolars. 

18. The permission granted in Section 1 of this ordi- 
nance shall not apply to Sundays, and is hereby extended 
to permit said wagons to remain standing on Saturdays 
until the hour of 11 Pp. M. Ordinance No. 573, approved 
October 2, 1873, and all ordinances in conflict with this 
ordinance are hereby repealed. 


19. The legal charge for hauling on drays within the 
City limits shall hereafter be as follows, per load, v7z.: 
For hauling five squares and under, 50 cents ; for hauling 
over five and under ten squares, 75 cents ; for hauling to 
any point in The City exceeding ten squares but not in- 
cluding the points hereinafter named, $1 per load; for 
hauling from Preston Street to Portland, $1.50 per load; 
for hauling from Pork Houses to Portland, $2.25 per 
load. 


VEHICLES. 


827 


20. Whoever shall unlawfully receive or demand a 
greater amount than as allowed by this ordinance, shall, 
for each offense, be fined not less than five nor more than 
twenty dollars. 


21. The License Inspector shall, at the time of issuing 
license to a vehicle, give information of his number to the 
person licensed, who shall immediately procure the num- 
ber, together with his name, to be painted in a plain and 
conspicuous manner, and placed on the outer part of his 
vehicle, and shall carry it thereon unaltered and legible 
whenever the vehicle shall be used, under a penalty of 
not less than five nor more than ten doHars should he be 
found running said vehicle without said number so placed. 


22. Any person who shall alter the number of a licensed 
vehicle, or the name thereon, or shall give false informa- 
tion, or cause a false entry to be made in regard to the 
number or name, shall be fined ten dollars. 


23. Any person who shall run a vehicle for profit or 
hire, without being at the time licensed so to do, shall be 
fined not less than five nor more than ten dollars for each 
offense. 


24. Excepting street railway cars, all vehicles driven 
along any of the streets of The City shall be driven to the 
right of the center of the street; and, in passing by any 
of the market-houses shall be driven to the right of the 
same, and in all cases shall be so driven as to leave, when- 
ever practicable, a sufficient space for other vehicles of 
ordinary width, going in the same direction, to pass on 
the right. 


20. Whoever shall violate the provisions of this ordi- 
nance shall, for each offense, be fined not less than five 
dollars nor more than fifteen dollars, besides being Hable 
in a civil suit for any damages occasioned by reason of 
such violation. ! 


1 Where the law prescribes a rule for the government of persons, vehicles, 
or vessels in meeting or passing on public highways, such rule should be ob- 


Id., Section 2. 


An ordinance 
as to number 
and names on 
vehicles. Ap- 
proved Jan. 20, 
1862. Sec. 1. 


bo 


Td., Section 


Id., Section 38. 


Anordinance 
directing the 
course to be 
tuken by ve- 
hicles driven 
along. the 
streets of The 
Ciriy > "A p= 
proved Nov. 
27, 1865. Sec- 
tion 1. 


Id., Section 2. 


828 


An ordinance 
regulating 
hack-stands. 
Approved Oct. 
26, 1853. 


An ordinance 
regulating 
the loads of ve- 
hicles which 
may be used in 
hauling mer- 
chandise or 
other articles in 
the limits of 
ThesCitylof 
Louisville. Ap- 
proved Aug. 26, 
187i sees: 


Id., Section 2. 


VEHICLES. 


26. Not more than three vehicles shall occupy so much 
of the same stand at the same time, as lies on one side of 
the street, and between the intersecting street and the 
center of the square. Vehicles there shall stand close 
to the curb-stone, and remove from or change place 
at the stand, as may be proper in order to promote the 
convenient transaction of business by other persons or 
vehicles, and to facilitate such business, the Marshal and 
watchman shall, whenever expedient, give orders as to 
vehicles, directing their position and management. Ve- 
hicles used in carrying passengers shall have preference 
of place over those carrying goods, and the latter shall 
remove, when requested, to make vacancies for the former; 
and any vehicle arriving when there is a vacancy shall 
take place in rear of others of its class already there. If 
any vehicle shall fail to comply with any part of these 
regulations, or any regulation or order which may be as 
above legally given them, the owner or driver shall be 
fined not less than five nor more than twenty dollars. 


27. Hereafter the weight of a load of merchandise or 
other articles hauled over any of the streets or alleys of 
The City by any four-wheeled vehicle shall not exceed in 
amount as follows, viz.: Eight thousand pounds for tires 
of six inches or over in width; six thousand pounds for 
tires of four inches or over in width; five thousand 
pounds for tires of three and a half inches or over in 
width ; four thousand pounds for tires of three inches or 
over in width; thirty-five hundred pounds for tires of 
two and a half inches or over in width; three thousand 
pounds for tires of two inches or over in width ; twenty- 
five hundred pounds for tires of less than two inches in 
width. 


28. The weight of a load of merchandise or other articles 


—— ee 


served; and if the party, vehicle, or vessel fail or neglect to comply with the 
rule, and a collision and injury ensue, such person, vessel, or vehicle should 
be regarded as in fault, and not allowed to recover damages.— Hawkins & Co. 
v. Riley, 17 B. Mon., 101, 


: 
e 


ie 


VEHICLES. 


829 


hauled over any of the streets or alleys of The City by 
any cart, dray, or other two-wheeled vehicle shall not ex- 
ceed in amount as follows, o7z.: Five thousand pounds 
for tires of six inches or over in width ; thirty-eight hun- 
dred pounds for tires of four inches or over in width ; 
thirty-four hundred pounds for tires of three and a half 
inches or over in width; three thousand pounds for tires 
of three inches or over in width; twenty-five hundred 
pounds for tires of two anda half inches or over in width; 
two thousand pounds for tires of two inches 9r over in 
width; sixteen hundred pounds for tires of less than two 
inches in width. 


29. Vehicles, whether four-wheeled or two-wheeled, 
engaged in hauling boilers, engines, cylinders, shafting, or 
stone, when in a single piece, may haul such articles in 
excess of eight thousand pounds, provided the tires of 
such vehicles are not less than six inches in width. 


30, Every vehicle licensed to haul merchandise or other 
articles within the City limits shall have its number, name 
of owner, and maximum weight of load, as authorized by 
this ordinance, painted on a piece of tin not less than 
nine by three inches in size, and fastened in a conspicuous 
place on said vehicle. 


31. Policemen are hereby granted authority to weigh 
any load that they may deem necessary. 


32. It shall be the duty of the License Inspector to as- 
certain correctly the actual width of tire of each dray, cart, 
wagon, or other vehicle which shall hereafter be licensed 
to haul merchandise or other articles within the City 
limits, and to furnish the Chief of Police with the num- 
ber, name of owner, width of tire, and kind of each such 
vehicle. 


33. For a violation of any of the provisions of this ordi- 
nance the owner or driver of the vehicle shall for each 
offense be fined not less than two nor more than fifteen 
dollars. | 


384, Four-wheeled vehicles constructed with a straight 


Id., Section 3. 


Id.. Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


830). 


VEHICLES. 


la.. Section 9. 


An ordinance 
concerning 
hacks, preseril ‘a 
ing the duties, 
etc., of «wners 
and drivers 


thereof, enfore- 
ing observance 
of said duties, 
etc., and fixing 
the charges for 
transporting 
passengers and 
their baggage 
in hacks. A p - 
proved Sept 12, 
1883. See. 


Id., Section 2. 


Id., Section 38. 


coupling, and withouta fifth or pivot-wheel ora cut-under, 
may haul one thousand pounds in excess of the above pro- 
Visions. 

35. Ordinance No. 3841 (Elliott’s Revision), approved 
November 27, 1865, is hereby repealed. This ordinance 
to take effect January 1, 1872. 


36. Coaches, cabs, carriages, or hacks, used for the 
conveyance of persons within The City of Louisville, 
for hire or compensation, shall be deemed hackney car- 
riages or hacks, and so called. 


3¢. It shall be the duty of the Secretary and Treasurer 
of the Sinking Fund to furnish any applicant whom he 
may deem entitled to same, with a printed copy of Sec- 
tions 3, 4, 8,9, and 15 of this ordinance; also, if the 
owner of a licensed hack, with a duplicate of the l- 
cense, and attached thereto a printed statement of the 
rate of charges for transporting passengers and their bag- 
gage, allowed by this ordinance. 


38. It shall be the duty of the owner of every licensed 
hack, before he shall run the same, or be entitled to 
charge, ask. or receive any hire or compensation for the 
use thereof, to cause the number of said hack, as stated 
in his license, to be painted or otherwise delineated in 
plain and easily legible figures, at least two inches in 
length, in conspicuous places on each side of his hack, 


and to have and keep the same at all times so conspicu- 


ously painted or delineated ; also to place and keep in a 
conspicuous position, in the interior of such hack, a legi- 
bly printed copy of Sections 3, 4, 8, 9, and 15 of this 
ordinance, the name and residence of the owner, a printed 
and legible copy of the rates and charges authorized by 
this ordinance, and attached thereto the duplicate of his 
hack license, in a legible condition, so that the name and 
residence of the owner, the duplicate license and copy of 
the rates of charges, and the printed copies of the afore- 
said sections of this ordinance may be conveniently seen 
and read in the daytime, by any person capable of read- 


VEHICLES. 


ing, who may be a passenger in such hack. And no per- 
son so obtaining hack license shall permit any other 
person to drive said hack than a hack-driver, at the time 
regularly licensed as such, as provided by Section 7, of 
this ordinance, under penalty of a fine of from one dollar 
to five dollars for each day or night or part of a day or 
night he shall so permit. But the person to whom a 
hack license is granted may himself drive that hack with- 
out obtaining a hack-driver’s license himself. 


39. Every owner or driver of a licensed hack who shall Zz., Section 4. 


refuse or neglect to convey any person, with or without 
baggage, to any place in the City limits, when applied to 
for that purpose, or who shall ask, demand, take, or 
extort any higher or greater price, rate, or charge than 
as herein established, or who shall neglect to place and 
keep the legibly printed copy of the Sections 3, 4, 8, 9, 
and 15 of this ordinance, the name and residence of the 
owner, the duplicate license and rates of charges inside 
of the hack, as prescribed in Section 38, or who shall refuse 
or omit, when requested, truly to inform any person as to 
whether the hack is or is not engaged, or of the true num- 
ber of the hack, the name and place of abode of the 
owner, or the correct amount of the rate of fare author- 
ized to be charged for the use of it by this ordinance, or 
who shall willfully mislead or misconvey any person, or 
willfully neglect or refuse to convey any person by the 
most direct route to his or her place of destination in 
The City, or insult, by abusive, indecent, or opprobrious 
language, any person or passenger whom he shall have 
or shall have had in his care, or who may apply to him 
for conveyance in the hack of which he is owner or driver, 
shall, for every such offense, be fined from two to twenty 
dollars, to be recovered from the owner or driver sever- 
ally and respectively. | 


40. Every hack, when driven or used in the night, shall 
have fixed upon some conspicuous part of the outside 
thereof two lighted lamps, with plain glass fronts and 
sides, with the number of the hack painted on each of 


Id., Section 5. 


832 


- VEHICLES. 


Id., Section 6. 


Id., Section 7. 


Id., Section &. 


said glass fronts and sides, with black paint, in legible 
figures at least two inches in length, and with no other 
figure or device, so that the same may be distinctly seen 
and known when the hack may be standing or driven; 
and the owner or driver of every hack which shall ve 
driven or used in the night without complying with the 
foregoing provisions, shall each or either be fined sev- 
erally and respectively ten dollars for each and every 
offense. 

41, Any hack-driver, while waiting for employment on 
any stand or elsewhere, who shall snap or flourish his 
whip, or who shall unnecessarily leave such vehicle, or 
who shall use indecent or profane language, or be guilty 
of boisterous talking or hallooing, or other disorderly 
conduct, or vex or annoy any travelers, citizens, or pass- 
ers-by, or in any manner obstruct any cross or sidewalk, 
shall be fined from two to ten dolars for each offense. 

42. No person, except as provided in Section 23, shall 
drive any licensed hack without being thereto at the time 
duly licensed to drive as hereinafter provided, under pen- 
alty of a fine of from one to five dollars for each offense. 
Any applicant, considered suitable by the Secretary and 
Treasurer of the Sinking Fund to be licensed as a hack- 
driver, may obtain such license without cost; and it shall 
be the duty of the Secretary and Treasurer of the Sink- 
ing Fund to.issue such applicant a license to drive, stat- 
ing the name, age, and residence of the person to whom 
the license is granted, the date of the license, and the time 
for which it is granted, which shall be for one year from 
the date thereof, and no longer, and upon the issual of 
the license it shall be the duty of the Secretary and Treas- 
urer of the Sinking Fund to cause the same to be regis- 
tered. 


43. No owner or driver shall demand or receive any 
pay for the conveyance of any passenger or baggage, un- 
less the legibly printed. copy of Sections 3, 4, 8, 9, and 15 
of this ordinance, the name and residence of the owner, 
the duplicate of the hack-license, and attached thereto 


VEHICLES. 


the rates and prices of fare as allowed by this ordinance, 
shall be fixed in the hack in the manner and as directed 
by the third Section of this ordinance at the time such 
passenger may be conveyed in such hack, nor if the owner 
or driver shall have demanded any greater price or rate 
of pay than he may be legally authorized to demand and 
receive. 


44. No owner or driver of any licensed hack, while on 
any of the stands now established, or which may be here- 
after established, or at any steamboat or other landing, 
or while waiting for employment at any other place in 
The City than the stable or residence of the owner or 
driver thereof, shall refuse or neglect to convey any per- 
son or persons to any place or places in The City, on be- 
ing applied to for that purpose; and on the person or 
persons being placed in such hack, the driver shall at once 
proceed to convey such passenger or passengers to such 
place or places within the City limits as he, she, or they 
may desire and request; nor shall the owner or driver place 
or permit any other person or persons in such hack with- 
out first requesting and obtaining the express consent of 
the person or persons therein, or of the person or persons 
who first engaged to call upon him, under a penalty of a 
fine of ten dollars for each and every refusal, neglect, or 
offense, besides a forfeiture of all right to demand or re- 
ceive any pay from any of the passengers. 


45. For a violation or non-observance of any of the pro- 


visions of this ordinance, the owner and driver of the: 


hack shall each, or either, be jointly and severally liable 
to a fine of not less than two dollars nor more than twenty 
dollars for each offense, unless when the penalty or fine 
is herein otherwise specially designated, and then he or 
they shall be so liable to such penalty or fine. 


46. The fines and penalties imposed by this ordinance 
shall be recoverable for the use and benefit of The City of 
Louisville, before the Judge of the City Court, by a war- 


rant in the name of The City. It shall be the duty of the 
53 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


VEHICLES. 


da.. Section 12. 


Id., Section. 18. 


Id., Section 14. 


officer making arrest for any of the causes permitted in 
this Section to take such steps as may be necessary to 
have proper care taken of the hack and horses, at the ex- 
pense of the owner, while the hackman may be in custody. 


47. Any owner or driver of a licensed hack, who shall 
be thrice convicted of a breach of any of the provisions 
of this ordinance, shall be deprived of his license, and 
forever debarred from a license under this ordinance 
unless by consent of the General Council. 


48. It shall be the duty of all: owners of hacks now. 


licensed to comply. with the provisions and requirements 
of this ordinance within twenty days after its publica- 


tion, and on failure to do so the license of such one so. 


failing shall be and is hereby declared forfeited and re- 
voked from and after that date. 


49. The following rates and prices of fare for the use 
of hacks are hereby established: For transportation any 
distance in The City not exceeding twelve squares, for 
one passenger, seventy-five cents. If more than one 
passenger, then fifty cents for each passenger, counting 
all. Any distance in The City exceeding twelve squares, 
but not exceeding eighteen squares, for one passenger, 
one dollar. If:more than one passenger, then seventy- 
five cents for each passenger, counting all. Any distance 
in The City exceeding eighteen squares, for one passen- 
ger, one dollar and twenty-five cents. If more than one 
passenger, then one dollar for each passenger, counting 
all. If, in any of the foregoing cases, the hack should 
not have been employed by the hour, yet should be 
used or detained for an hour or more, the charge there- 
for may, at the option of the driver, be made as though 
the hack had been employed or engaged by the hour. 
When engaged by the hour for one or more passengers, 
the charge for the load shall be, for the first hour two 
dollars, and at the rate of one dollar per hour for each 
succeeding hour. And when engaged by the hour, the 
charge for an hour shall be collectable, though the hack 


Ss a aeons 


2 aa 


VEHICLES. 


io 2) 
Ww 
or 


may not have been used the full hour. When engaged 
by the day the charge shall be eight dollars per day. 
Ten hours shall be considered a day, but the driver shall 
not, unless first agreeing thereto, be compelled to drive 
after dark to make up the ten hours. And if the hack 


should be used or detained longer than the ten hours, the 


additional hours, unless otherwise agreed to, shall be 
charged for as though the hack had been employed by 
the hour. For services during the night the charge shall 
be the same as in the day, unless a different contract. be 
made; yet, in making such contract, the driver shall not 
be permitted to charge or receive a greater price than the 
amount allowed to be charged for services during the 
day, anda sum equal to one fourth of said amount in 


addition. For attending funerals, two dollars and fifty 


cents ; but no owner or driver shall be compelled, unless 
he shall contract to do so, to attend with his hack at a 
funeral. In the foregoing charges isincluded the charge 
for transportation of baggage for each passenger, not ex- 
ceeding fifty pounds in weight, and any excess is to be 
paid for at the rate of twenty-five cents per one hundred 
pounds. 


90. No driver shall be compelled to take more grown 
passengers than four. No charge shall be made for chil- 
dren five years of age and under, who are in care of pas- 
sengers who are chargeable. Children beyond five years 
and not exceeding twelve years shall be chargeable only 
half. price. 


91, Any owner or driver having engaged to perform 
Services with his hack, who shall, without just cause, 
fail or refuse to comply with the engagement, shall be 
liable to a fine of from two dollars to twenty dollars for 
each offense, besides being liable to the party complain- 
ing in a civil action. 


52. Ordinance No. 87, approved April 23, 1884, and all 
ordinances and parts of ordinances, in so far as they are 


Id., Section 15. 


Id., Section 16. 


836 


VEHICLES. 


in conflict or inconsistent herewith, are hereby repealed. 
This ordinance shall take effect from and after its passage. 


fes~See AssEssoR—CourtTs oF LAwW—FInEs AND MispDEMEANORS—IN- 
SPECTION, WEIGHTS, AND MEASURES — LICENSE— MARKETS—POLICE—— 
PuBLic WAYS. 


The unreported opinion in the case of Means v. City of Louisville, Court of 
Appeals, February 2, 1865, is as follows: 

“The charter of The City of Louisville empowers the municipal authori 
ties to regulate and tax all “vehicles” employed in The City on the transpor- 
tation of persons for hire. Hacks so employed are certainly such vehicles, 
and, consequently, the ordinance for licensing such hacks was, so far, author- 
ized by the charter; and, as the whole ordinance applies, in each and all of 
its provisions, to the same subject of hacks—for regulating the duties of their 
owners and drivers, and for enforcing the performance of the prescribed du- 
ties—the multiplicity of its provisions does not, in any respect, make it un- 
constitutional. Nor is there any violation of the constitution in any of the 
various regulations or multiform modes prescribed for enforcing them and 
securing the public against damage, inconvenience, or imposture. The bond 
required is prudently conservative to that end, and the requisition confliéts 
with no constitutional provision or legal principle. Nor do we see that the 
authority given by the ordinance to policemen to arrest offenders against its 
provisions is any violation of the constitutional guarantee against arrest under 
a “warrant,” without a verification of the cause by affidavit. The constitu- 
tion does not require a warrant for arrest in all cases, even of crimes. An 
official view or knowledge of an offense may authorize an official arrest of 
the offender without the specific authority of a previous warrant. But Means 
was only cited—not arrested. We are, therefore, of the opinion that Means 
petition for a prohibition was properly overruled by the Circuit Court, and 
consequently that judgment is affirmed.” . 


. a 


CHAPTER L. 


WATER. 


CONTENTS. 


1. Incorporation of the Louisville 
Water Company. 

2. Capital stock; authority to is- 
sue bonds. 


3. Management of the corporation; 
president and directors; time and 
manner of their election. 


4. The Company empowered to 
buy and hold lands; to acquire rights 
to lay pipes and acqueducts and re- 
pair the same; to erect buildings, 
engines, machinery, and reservoirs ; 
to acquire land or right of way by 
writs of ad quod damnum. 


5. The Company empowered to 
take water from the Ohio River or 
elsewhere; to construct pipes and ac- 
queducts under or over any railroad, 
canal, highway, street or wharf, on 
condition. 


6. The laying and construction of 
pipes and acqueducts regulated; the 
Company to have, conditionally, the 
exclusive right to supply The City 
with water. 

7. The Company empowered to 
sell the privilege of using water sup- 
plied by it and to regulate such use 
by by-laws. 

8. The City may purchase the 
franchise and property of the Com- 
pany and assume therewith all rights 
and responsibilities assigned to the 
Company. 


9. The act of incorporation to be 
void in a certain event. 


10. The maximum prices of water- 


charges fixed; limitation of time for 
completing the works. 


11. The first issue of City water- 
bonds authorized. 


12. Water a 


Ve: ANC of the assessments 
of water rents. 


ssments authorized, 


14. Mode of acquiring real estate 
for the purposes of the Company. 


15. Directors must be residents of 
Kentucky. 


16. Extension of time for com- 
pletion of the works. 


17. Further extension of time. 


18. Directors’ term of office ex- 
tended; any citizen eligible to the 
Council may be a director. 

19. Election of directors, and -va- 
cancies in the board. 

20. The Company may establish 


rules and regulations for the govern- 
ment of consumers. 


21. Liability of offenders for in- 
jury to works and other property. 


22. The supervision and charge of 
the reservoir and grounds. 

23. The Council may pass ordi- 
nances for the protection of the 
works, within or beyond the City 
limits. 


24. The capital stock increased. 


25. The additional subscription to 
be regulated by the Council. 


26. The City authorized to sub- 
scribe; the second issue of City water- 
bonds provided for. 


27. The Company authorized to 
issue its bonds, and execute mortgage 
therefor. | 

28. The Water Company contin- 
ued by the City charter of 1870; 
conditions of additional subscription 
by The City; no tax or assessment 


838 


An act to 
incorporate 
the Louisville 
Water Com- 
pany. Ap- 
proved March 
6, 1854. Sec- 
tion 1. 


WATER. 
to be levied for water used for public 32. Fines and charges for using 
purposes. water from public or private services 
29. The Council authorized to give without Pee ee 
or loan the Company one hundred 33. Police supervision of the Com- 
7 ° ° Sonne Ae ‘ 
and fifty thousand dollars in City | pany’s grounds and buildings. 
bonds. 34. Power to borrow money. 
30. The rules and regulations of 35. The Company’s taxes regu- 
the Company to be published in | lated. 
newspapers. 36. Public fire-cisterns and _ fire- 
31. All special rules and regula- | Plugs to be supplied without charge. 
tions regularly adopted to be re- 37. Exemption of the Water Com- 
ceived as evidence in courts of law. pany from all taxation. 


1. Thomas EK. Wilson, Bland Ballard, John R. Hamil- 
ton, Charles J. Clarke, Andrew Graham, and Curran 
Pope, their associates and successors, are hereby made a 
corporation by the name of the Louisville Water Com- 
pany, with power and authority to construct and estab- 
lish within The City of Louisville or elsewhere for the 
purpose of supplying said City and its inhabitants with 
water. * 


1 The rules and regulations governing the introduction, supply, and con- 
sumption ‘of water from the Louisville Water-works, adopted by the board 
of directors, and in force July 1, 1884, are the following: 

1, Application.—All applications for service attachments to the distribut- 
ing pipes, for the purpose of introducing the water into any premises, must 
always be made by the owner of the premises into which water is proposed 
to be introduced, or by his duly authorized agent. The applicant must state 


fully and truly all purposes for which water is required, and frankly, with-- 


out concealment, answer all questions asked by the Water Company’s author- 
ized agents relative to its consumption, and sign on the Water Com- 
pany’s books an application setting forth the purposes for which water is 
desired. Upon complying with these conditions, the secretary or water 
purveyor of the Water Company will issue a written permit, granting the 
applicant the privilege of a service attachment and the use of water in 
the manner and for the consideration as hereinafter stipulated; and the 
Water Company will furnish, lay, and keep in repair, free of cost to con- 
sumers, all service-pipes up to the curb-stone or property lines. In cases 
where the property lines are defined by fences, walls, or buildings, the Water 
Company will furnish pipe enough to enable the water consumers to have 
their service-pipes joined to the Company’s pipes inside the said fences, walls, 
or buildings. The water consumer must perforate such fences, walls, and 
buildings, and after the pipes are introduced make them secure against injury 
by frost, surface or gutter-water, and leakage from the pipes themselves. In 
cases where there are vaults under the sidewalks, or where the walks are 
paved with stone flagging, the Water Company will end with the stop-cock 


f 


ee ey ie 


re 


ee 


es 


WATER. 


839 


2. The capital stock of said corporation shall consist of 
not more than ten thousand shares, and no assessment 
shall be Jaid thereon of a greater amount on the whole 
than one hundred dollars upon each share. Said corpo- 
ration may issue its bonds for such amountas it may find 
necessary, payable in not more than thirty years from 
their issue, and sell the same at such discount as they may 
deem advisable, and secure the same by a mortgage of the 
lands and water rents. 


in or near the line of the curb-stone, from which the water consumers. must 
extend the pipe and conduct.the water in their own way and at their own 
cost and risk. Permits for the use of water from service-pipes and water 
fixtures already in will be granted applicants upon paying the assessed rates 
upon such services and fixtures. Unexpired water rents will be refunded 
where the water is ordered to be turned off upon the return of the permits 
and receipted bills to the Company. . No money will be refunded to any 
party unless such return is made. No water rent on sprinkling assess- 
ments will be refunded at or near the end of the sprinkling season. No 


money will be refunded tor erroneous collections for a longer time than for — 


the year preceding the year in which the application for correction is made. 

2. Size of Attachment.—A|l attachments for ordinary service shall be made 
by means of brass ferrules of one half (4), five eights (2), three quarters (#), 
seven eighths ({), or one (1) inch diameter of water-way; and in order to 
provide an ample supply with-a minimum tax upon the capacity of the works, 
and at a minimum cost to the consumer, permits for making attachments to 
supply water for domestic purposes will be issued as follows, to wit: For 
supplying dwellings of not more than ten rooms, one half (4) inch ferrule. 
For supplying dwellings of more than ten and not over eighteen rooms, one 
five eighth (2) inch ferrule. For supplying dwellings of more than eighteen 
rooms, one three quarter (#) inch ferrule. For supplying stores, one ferrule 
from one half (4) to five eights (2) inches diameter, according to the wants. 
For supplying laundries, livery-stables, stock-yards, coffee-houses, barber- 
shops, restaurants, small manufactories, efc., one ferrule from one half (3) an 
inch diameter up to as large as the wants willrequire. For supplying hotels, 
hospitals, railroad stations, hydraulic elevators, and manufactories requiring 
large quantities of water, the character and size of the attachments shall be 
determined by the quantities of water required in specified periods of time. 

3. Size of Service-Pipe and Stops.—A1]I service pipes shall be one eighth (4) 
of an inch larger in diameter than the ferrule through which they are sup- 
plied, and all stop-cocks in the line of the service-pipe or branches under 
ground must be stops with circular water-ways, of the same diameter of 
water-way as the pipe in which they are placed. 

4. Character of Pipe and Standard Weight.—In all cases service-pipe be- 
tween the distributing pipe in the street and the street limits must be lead 
pipe, unless above one and a quarter inches inside diameter, in which cases 


Id., Section 2. 


840 


Id., Section 3. 


WATER. 


3. The affairs of said corporation shall be managed by 
six directors and a president, who shall be stockholders 
in the corporation ; and a majority of the directors shall 
be citizens of Kentucky. The directors shall be annually 
chosen by the stockholders, at such time and place as may 
be designated by the by-laws of the corporation. The 


cast-iron pipe may be used. Al lead pipe so used shall be what is called extra 
strong pipe, and of the following standard weight: 


Lead Pipe. Per Lineal Foot. 
Sau MODOC: ace.tedtarscaees WIE Morte les vetasassnaeesta,tesctiscasten tras ters gee te nteaercere 2 pounds 0 ounces. 
LEAN CH DOUCE stac, nots Memos sna id oa ceeanre sel peemacts nde ee tencu sane, canteen att cneecae set er seers 2 pounds 7 ounces. 
DEAN CH ADOTER, ts Sema sshe laisse dose devencerncemaacanascmecsetee gotta. tuasssset connecter “et ees POLLILG hag ONOMUEL Gers 
SD GHANOUE acoces ace caccus sactankeseomaten sucess Sone ncesce eoncasms te sisastcsen tener soveetec cern tes 3 pounds 10 ounces. 
LL CH Doren Sar cectes eeu ss te esee acer ose nae eeteentess Ria cenes Peveccuddauscasceeeeste: 4 pounds 12 ounces. 
TAD Ch: DOLE eet AES sedeashsceen coe sseedetuete cocecds pase oa qaee se oes cotemace seus aneteraw ss aetered 6 pounds 0 ounces. 
LPs THEDUDOUGLS j2n cis snsctatiselehsa «sth prs ope) cee ne ee Aeapsids fae aes Nae Fit Se wtp 2 i 7 pounds 2 ounces. 
194 INGE WOPCL.s crass totetaten anes al dag-ton pe sby etete wetness a dee hagas waned A eaten ...8 pounds 4 ounces. 
QZ PPIN CH DOLE A eecseecs veal cee teeeea some ceseeetenke swan en Men nena ase eee SU nIE re ea eee ete 9 pounds 8 ounces. 


And cast-iron pipes must be subjected to a hydrostatic pressure of three hun- 
dred pounds to the square inch before they are laid. 

5. Depth of Service-Pipe.— W ithin the limits of the streets service-pipe shall 
in no case be laid at a less depth than three and a half (81) feet under the 
surface of the street or sidewalk. | 

G. Stop-cocks and their Location.—There shall be a brass stop-cock in each 
service attachment under the exclusive control of the Water Company; the 
said stop to be placed in the pipe on the sidewalk just inside of the line of 
the curb-stone, and about one foot distant therefrom. Each such stop-cock 
shall be provided with a cast-iron box or tube, sufficiently large to afford 
ready access, with a key for turning on and off the water. The top of each 
box or tube shall be placed on a level with the grade of the sidewalk, and 
have an iron cover or cap suitably attached, with the word “ Water” and the 
number—in Arabic numerals—of the service attachment cast upon the said 
cover. Water consumers are not permitted to use the stop-cocks on the side- 
walk; but there shall be a stop-cock placed by and at the expense of the 
water consumer in every service attachment—located at the first suitable 
point beyond the street limits—this stop to enable the consumer to turn off 
the water in case of accident to the pipe on his premises. For damages to 
buildings or contents, arising from occupants failing to control the flow of 
water in the absence of such stop-cock, or through failure in trying to use 
them, the Water Company will not be responsible. 

?. Inserting Ferrules and Laying Service-Pipe.—In removing macadamiz- 
ing, paving, bowldering, and sidewalk paving, and opening trenches for in- 
serting ferrules, laying service-pipe, and making repairs or extensions, the 
stone, bowlders, brick, sand, gravel, and earth, or whatever other road metal 
or street and sidewalk structure may have to be penetrated or passed, must 
be removed and replaced in a thoroughly workmanlike manner; depositing 
the excavating material in such manner on the streets, alleys, and sidewalks 
as to obstruct them as little as possible, and admit of its being replaced in 


af 


WATER. 


directors may fill vacancies in their own board, and ap- 
pointa president from among the stockholders or directors, 
and such other officers and agents as may be required to 
conduct the business of the corporation. The directors 
shall hold their office until their successors are elected, 
and a majority of them shall constitute a quorum. At 


— 


precisely the same relation in which it was found, leaving the street, alley, or 
sidewalk in perfect repair, and keep it so for one pear from the date of such 
work. Notrench or hole in any street, alley, or sidewalk shall on any account 
be left open during the night. In no case shall service-pipes be laid nearer to 
house sewer-pipe and connections than five feet in a horizontal direction. 
Parties who lay their sewer-pipes after the water-pipes have been put in, and 
place them nearer than five feet from the water-pipes, do so at their own risk, 
as the Water Company will not be responsible for any damages resulting from 
such objectionable methods of doing work. 

&. Water Fixtures on the Premises.—On the premises supplied with water 
the fixtures, such as hydrants, faucets, wash-basins, sinks, baths, water- 
closets, urinals, fountains, hose attachments, tanks, e¢c., may be such as will 
best suit the convenience of the consumer, excepting always those which, in 
the opinion of the board, are so constructed as to unnecessarily waste water, 
the use of which is prohibited by the Water Company. 

9, Hose Attachments.—Hose attachments connected with service-pipe for 
sprinkling streets and yards, and for washing sidewalks, walks, steps, win- 
dows, fronts, etc., shall be placed in the yard wherever convenience and yard 
room will permit. No hose attachments are allowed upon the sidewalks nor 
within the limits of the streets. No permits will be granted for hose attach- 
ments to be used for street sprinkling alone, but only in connection with the 
ordinary supplies for domestic and manufacturing purposes will hand-hose 
street sprinkling be permitted. All premises having hose attachments for 
street sprinkling only will be assessed at the established rates for all purposes 
for which water can be made available on the premises from the street sprink- 
ler or hose attachment. 

10, Meters.— Water meters will be attached to service-pipes or water sup- 
plies in all cases where, in the opinion of the board of directors, it is best to 
do so. The meters will in all cases be owned by the Water Company, and 
will be attached and kept in repair by and at the expense of the Company. 
In furnishing water through meters, and charging for said water in quantities 
as indicated by meters, 1t,1s not claimed that the indicated quantities thus 
charged for are absolutely correct, but simply the closest approximation to 
absolute accuracy which the best meters will enable—close enough for legiti- 
mate business, and much nearer accuracy than by calculation from any avail- 
able data. If any meter breaks down, or if the counter-gear of any meter 
is found out of order or broken, and not to have indicated the quantity of 
water usually consumed per quarter, then, provided the parties using the 
water passing through such disabled meter have done the same business as 
during corresponding previous quarters, they shall have rendered and must 
pay a bill for the water consumed during such quarter or length of time 


841 


842 


la Section 4. 


WATER. 


all elections the stockholders may vote in person or by 
proxy authorized in writing, and each share shall be en- 
titled to one vote. 


4. The said corporation may purchase, take, and hold 
in fee simple, or for any less estate, any lands necessary 
for the objects of this act, and for the convenient manage- 


as the meter was inoperative or did not record the water used, which bill 
shall be equal in the amount to the bills for corresponding previous quarters- 
Whenever the consumption of water is a smaller quantity than will amount 
at the regular rates to twenty-five dollars per quarter, or one hundred dollars 
per annum, meter rent at the rate of ten per cent. per annum upon the cost 
of the meter will be charged in addition to the water consumed for each 
quarter in which it amounts to less than that sum. 

11. Branch Service—Applicants desiring to supply more than one house 
from an attachment will be permitted to have either a ferrule of larger diam- 
eter, or more than one, so as to equalize the water supply as nearly as pos- 
sible; but there shall be one principal stop-cock on the sidewalk which shall 
control the whole supply, and as many auxiliary stops as there are dwellings 
or premises supplied with water from the attachment, all placed outside of 
the premises in such a manner as to be at all times accessible to the Water 
Company. In premises thus supplied with water the occupants are jointly 
and severally liable for the payment of the water rent for all the premises 
occupied; the failure on the part of the occupants of any one of them to com- 
ply with the rules of the Water Company may cause the water rent to be 
refunded and the water to be shut off by the Company at the principal stop- 
cock, and the supply to be all discontinued until the rules are complied with 

12. Hydraulic Elevators or Power Supplies—Attachments and pipes for 
supplying elevators or motors of any kind with water will be put in of such 
dimensions as may be required—not to exceed four inches in diameter. The 
Water Company does not, however, recommend the use of water for power 
purposes, for the reason that the available head or pressure from the distribut- 
ing pipes is small and variable. All risks attending the introduction of such 
large water supplies into cellars, basements, or premises must be taken 
by the applicants for or the users of such apparatus. Al] such supplies are 
to be used for hoisting or power purposes alone, and no water from them will 
be permitted to be used for any other purpose. Each elevator must be fitted 
at the cost of the owner with a counter for recording or indicating the quan- 
tity of water used. The counters must be of such design and construction as 
will be approved by the Water Company. Meters will be put on such ele- 


‘vator or power services as the Water Company may elect. The valves, pis- 


ton and plunger packings, counters, ete., must be kept in perfect repair by 
the parties using the same, so as not to waste water. Each elevator or power 
supply-pipe must be provided by and at the expense of the owner inside the 
premises which it enters, with a reliable stop-cock, by means of which the 
occupants can effectually control the water in case of accident to pipes or ele- 
yators. If the cylinders, pulleys, e¢e., of any elevator are closeted or boxed 


WATER. 


ment of the concerns of the corporation, and may acquire 
the right to lay their pipes and aqueducts through any 
land through which it may be necessary to lay the same, 
and to repair the same when necessary, and may erect and 
establish such buildings, engines, machinery, and reser- 
voirs as may be required for the purposes aforesaid. If 


up to avoid unsightliness or to guard against accident, the closets or boxes 
must be fitted with hinged or sliding doors, to enable the reading of counters 
and inspection of leaks. 

13. Fire Protection or Stand Pipes——Attachments for this purpose will be 
put in from one to four inches in diameter. Parties desiring such services 
will be granted them under a covenant with the Water Company, binding 
themselves under a penal sum of money, to an amount the Company may re- 
quire, not to use the water from such attachments for any purpose except for 
preventing or extinguishing fires. 

14. Extensions and Alterations.—For any extension or alteration in any 
of the water fixtures of any consumer written permits from the secretary or 
water purveyor must invariably be obtained by the plumber engaged to do 
the work before any such alteration-or extension can be made. Any con- 
sumer desiring an extension for the purpose of supplying neighboring 
premises with water will receive permission to do so on condition that he 
will become responsible for the payment of the water rent for all premises 
so supplied as long as the extensions are available for supplying anybody 
with water. 

15, Extra Supplies—Applicants desiring attachments of larger diameter 
than prescribed by the rules of the Water Company, for the purpose of con- 
trolling a large quantity of water in a short space of time, and thereby en- 
joy or possess water privileges not granted to the majority of consumers, 
will only be granted permits for such attachments on condition that the 
assessments, after being made according to the regular rates, shall be in- 
creased by a percentage equal to one third the percentage in which the 
capacity of the extra large attachments exceed the capacity of the pre- 
scribed attachment. Consumers requiring large supplies of water for 
manufacturing purposes, and who at the same time require, from their 
extra large attachments, water for ordinary domestic purposes, shall reduce 
the branches for the latter purposes down to the established sizes, or else be 
subject to the payment of an increased water rent, as above stipulated. 

16. Locations of Hydrants, ete—Hydrants, hose attachments, goose necks, 
faucets, or any other device which the consumer may adopt for obtaining 
water from the service-pipes, shall not be located in such a manner as to 
afford parties occupying neighboring premises or the public ready access to 
them, unless all parties having access to such devices for drawing water have 
their premises assessed and pay for supplying the same with water. 

17. Carts for Sprinkling Streets Attachments to supply street-sprinkling 
carts will be made by the Water Company, in such number, capacity, and 
localities as will best accommodate the public. All persons desiring to sprinkle 
streets from carts supplied with water from the Water-works must first ob- 


843 


844 


WATER. 


the proprietors of any lands which said corporation may 
need for any of the purposes aforesaid, or the right of 
way through which the corporation may require for lay- 
ing its pipes and aqueducts, do not agree with the Com- 
pany the price to be paid therefor, the Company may 
acquire such land or right of way by a writ of ad quod 


tain license from the Louisville Water Company for each and every cart 
used for this purpose; as well as give bond, with approved security, in 
the sum of three hundred ($300) dollars, guaranteeing that water from licensed 
carts shall not be used for any other than street-sprinkling purposes, and 
in compliance with the ordinances of The City in relation thereto. The 
license granted for each cart shall be for sprinkling a specified number of 
squares, naming the said squares in the license; and each license cart, on 
both sides about midway of the cask, shall have painted, with white paint, the 
name of the owner, and underneath it the word “ Licensed,” with the number 
(in Arabic numerals) of the license; both the letters and figures to be suf- 
ficiently conspicuous to be legible from the distance of sixty feet. The City 
is divided into four districts. No. 1 lies east of the east line of Third Street, 
and north of the north lines of Chestnut Street, Garden Street, and Bardstown 
Pike. No. 2 lies east of the east line of Third Street, and south of the north 
lines of Chestnut Street, Garden Street, and Bardstown Pike. No. 3 lies 
west of the east line of Third Street, and south of the north line of Chestnut 
Street. No. 4 lies west of the east line of Third Street, and north of the north 
line of Chestnut Street. The streets in the several districts, or such squares 
thereof as the residents may desire sprinkled, are to be given to such parties, 
from the number of applicants, as the directors of the Louisville Water Com- 
pany may select, and for one season only. All parties desirsing to sprinkle 
streets must make application in writing to the directors of the Louisville 
Water Company, stating in said application what streets they desire license for, 
how many and what squares they will sprinkle, and give the names of their 
bondsmen. Parties desiring to sprinkle streets must obtain their sprinkling 
subscription-books from the Water Company, which books contain the rules 
relating to sprinkling, and which, if signed by the president of the Water 
Company, and in the hands of the parties soliciting subscriptions for sprink- 
ling, shall be evidence that such parties are duly licensed by the Water 
Company. Any parties soliciting subscriptions without conforming to this 
regulation do so upon their own responsibility, and will thereafter not be 
licensed by the Water Company. The parties licensed by the Water Com- 
pany to sprinkle streets will be held strictly responsible for the conduct of their 
drivers in all things relating to the use and waste of water. They are not 
permitted to haul water taken from the Water Company’s pipes anywhere, 
except upon such squares and streets for which they have obtained license. 
They are not permitted to use water in wasteful quantities, but only sufficient 
to lay the dust, without making muddy streets, or making them wet enough 
at any one time or transit of the cart to last or keep the dust down for an un- 
reasonable length of time. What constitutes an unreasonable length of time 
will in all cases be determined by the Louisville Water Company. The 


WATER. 


damnum in the same manner that turnpike road compa- 
nies are authorized to do by the one hundred and third 
Chapter of the Revised Statutes, which took effect on the 
first of July, 1852. 


9. ‘The corporation is hereby authorized and empowered 
to take water from the Ohio River or any other stream or 


height of the spray-tubes above the streets, and the size of the perforations in 
the spray-tubes attached to the casks or vessels containing the water will be 
regulated by the Water Company. The sprinkling season is estimated to 
last during eight months of the year, viz.: April, May, June, July, August, 
September, October, and portions of March and November. Theseason is sub- 
divided into three periods, to wit: Spring, Summer, and Fall. The Spring 
period commences with the beginning of dusty weather, and ends on the fif- 
teenth dayof May; the Summer period commences the sixteenth day of May, 
and ends the fifteenth day of September; and the Fall period commences the 
sixteenth day of September, and ends when sprinkling is no longer required 
for the season. The water rent for the whole season is one dollar and fifty 
cents per one hundred square yards, but this amount is apportioned to the 
different periods as follows, viz.: For the Spring period, twenty-five (25) cents; 
for the Summer period, one ($1) dollar, and for the Fall period; twenty-five 
(25) cents per one hundred square yards. This water rent in all cases to be 
paid in advance, in the first week of each of the respective periods of the sea- 
son. Any party obtaining license, and who or whose employe violates any 
of these rules, is subject to such fines as the Water Company may impose, as 
well as forfeit his license. The Water Company will, at its option, attach 
meters to any sprinkler supply now in use or to be brought into use here- 
after. 

18, Fountains.—Permits for fountains will be issued semi-annually. Each 
such permit must specify the number of hours (and which out of the twenty- 
four) per day the fountain is permitted to play. The supply-pipes to all 
fountains out of doors must be provided with stop-cocks under the control 
of the Water Company. The assessments for out-door fountains shall be 
made for the length of time the permit is granted, at the expiration of which 
the water will be turned off, and remain off until another permit is obtained. 
For out-door fountains the assessments shall be made for the whole year. 
The assessments will in all cases be made for the full capacity of all the jets 
and sprays, and the quantity of water discharged in a given time shall be 
measured at the average pressure during the hours in which the fountain is 
permitted to play. 

19, Boilers.—Steam-boilders taking a supply of water directly from the 
service-pipe, depending upon the hydraulic and hydrostatic pressure in the 
pipe system of the Water-works for supplying such boilers under working 
pressure, or boiler feed-pumps which are connected directly with the service 
pipe, with no intervening vessel into which to receive the water and from 
which to pump into the boilers, will do so at the risk of parties making such 
attachments, as the Water Company will not be responsible for any acci- 


845 


Id., Section 5. 


846 


WATER. 


place, and may lay its pipes or aqueducts under or over 
any railroad, canal, highway, street, or wharf, but the 
same shall be done in such a manner as not to obstruct or 
impede the passage thereon. In laying its pipes or aque- 
ducts across or through any highway or street, and in-re- 
pairing such pipes and aqueducts from time to time, said 


dents or damages to which such devises are frequently subject. House boil- 
ers for domestic use must in all cases be provided with vacuum valves, to 
prevent collapsing when the water is shut off from the distributing pipes; 
and for accidents or damages resulting from the imperfect action of any 
such valves, from insecure boilers, or from variations in the water-pressure, 
which may cause fire-backs of cooking-ranges and stoves to be alternately 
filled with water and steam partly superheated, the Water Company will in 
no case be responsible. 

20, Permits——No person or persons shall lay any service-pipe or do any 
kind of plumbing work connected with the introduction and supply of 
water from the Water-works unless he or they first obtain written permits 
from the said Company for all seperate jobs of plumbing work which he or 
they may wish to perform. Parties whose business or avocation makes it 
convenient for them to do their own plumbing work can do so by first ob_ 
taining from the Water Company a written permit for each and every 
separate job they wish to perform, the same as a regular plumber. Parties 
contracting to furnish or put up hydraulic elevators must obtain permits the 
same as plumbers do before they can attach their elevators to the Water 
Company’s pipe. 

21. License-—Any plumber wishing to do business in connection with the 
Louisville Water Company shall, before receiving license to do so, file in the 
office of the said, Company his petition in writing, giving the name of the 
firm, place of business, and asking to become a licensed plumber in con- 
nection with the Water-works. The petition must give satisfactory evi- 
dence that the applicant is a regularly educated plumber; that he is master 
of his trade, and willing to be governed in all respects by the by-laws, rules» 
and regulations which are or may be adopted by the board of directors; and 
every plumber shall not only be subject to and conform to all and singular the 
rules, regulations, and penalties which now exist or may hereafter be passed 
by said board of directors, but he shall also enter into a covenant, with one 
or more sureties to be approved by said board of directors, to indemnify and 
save harmless the Louisville Water Company of and from all accidents, 
damages, and losses which said Company may sustain by reason of his fail- 
ing to comply with all the rules and regulations as are now or may hereafter 
be established by said Company. 

22. Plumbers’ Returns.—Plumbers shall make tull and complete returns 
of the uses for and to which water is applied under any permit granted. 
Said return must be made by the plumber doing the,work, within forty- 
eight hours after the completion of said work, as the water will not be 
turned on any premises until after said return is made and the work reported 
to be in accordance with the rules and regulations herein prescribed. 


WATER. 


—_——. 


corporation shall not unnecessarily obstruct such high- 
way or street; and in every case of the removal of any 
earth or pavement in any such highway or street, the said 
corporation shall cause the earth to be replaced and the 
pavement to be laid new, so that such highway or street 
shall be in as good condition as the same was before such 
removal. 


23. Re-issues—No plumber or other person shall make any attachment 
to any old pipe or water fixtures in premises from which the water has 
been shut off and the supply discontinued without the party desiring such 
work to be done having first made application and obtained a re-issue and 
permit for the same. Nor shall any plumber or other person make any alter- 
ation in any pipe or water fixture attached to the Water-works distributing 


pipes, to conduct water into adjoining premises, or into stables, baths, water- 


closets, wash-basins, cisterns, fountains, or for any other purposes whatever, 
without application having been first made and a written permit obtained 
from the Water Company for each and every separate job of such modifica- 
tions in the water fixtures; and in no case shall any plumber, after the com- 
pletion and trial of any job of plumbing work—be it the first introduction of 
service pipe, an extension, or a repair—leave the water on the premises, but 
shall in all cases close the stop-cock on the sidewalk and return his permit. 

24. Assessments and Payments.—After the plumbing work is finished, re- 
turns made and found to agree with the survey of the water purveyor or 
hydrant inspector, the assessments shall be made according to the established 
rates, in each case for the period ot one year, and payments made in advance 
for the time intervening between the date of turning on the water and the 
date of the next semi-annual prepayments of water rents. The water rents 
must in all cases be paid in advance, and by the regular consumers for six 
months in advance. The water rents of consumers in the Eastern District 
must be paid during the first ten days of January and July, and of consum- 
ers in the Western District during the first ten days of April and October of 
each year. All payments are to be made at the Water Company’s office. 
Parties who use water during the summer months and not during the winter, 
in either the Eastern or Western District, will be charged full rates for 
sprinkling privileges, for the reason that the sprinkling rates are for the sea- 
son and not forthe year. Water consumers by meters or hydraulic elevators 
shall pay their bills at the end of every three months, or at such time as may 
be agreed upon. All such consumers may be required, at the option of 
the Company, to make, as security for the payment of the water con- 
sumed, a deposit in money to an amount equal to their maximum quarterly 
bills. Such deposits shall not be transferrable, and shall bear interest at the 
rate of nine per cent. per annum for such length of time as they are in ad- 
vance of water bills due and rendered. When all bills are paid and the water 
supply discontinued, these deposits, with the interest, will be retunded by the 
Company. 

25. Privileges of Water Consumers.— Water consumers are not guaranteed 


847 


848 


WATER. 


Id. Section 6. 


6, Inthe laying and construction of the pipes and aque- 
ducts in The City of Louisville, the same shall be so laid 
and constructed that an abundant supply of water can be 
drawn therefrom for the extinguishment of fires; and said 
corporation shall furnish water to The City of Louisville 
for the extinguishment of fires and cleaning streets, upon 


a specific quantity (except where meters are used) of water for any purpose 
whatever, but simply an ample quantity for the purposes named in the per- 
mit; and all other uses the water is applied to is in direct violation of the 
agreement made between the Water Company and the consumer at the time 
of granting the permit, and therefore subject to all reasonable penalties which 
the Water Company may see proper to impose. The Water Company does 
not guarantee an uninterrupted supply of water for any purpose, but a sup- 
ply as free from interruptions as is practicable with the current repairs, altera- 
tions, additions, and accidents attending a public water supply. 

26. Filling Cisterns.—Parties having cisterns on their premises may fill them 
with water from the Water-works, provided that their premises are assessed 
and they pay for supplying the same with water, and obtain a written permit 
from the Water Company for each and every time the cisterns are to be 
filled. Where cisterns are so situated as to be accessible to parties occupying 
neighboring premises no permit will be granted for filling them with water 
unless all premises so situated shall have been assessed, and the owners or 
occupants thereof pay for the use of the water. 

27. Use of Hand Hose.—The use of hand hose for sprinkling streets, yards, 
and gardens; washing sidewalks, walks, steps, windows, and fronts, is not 
permitted between the hours of 9 A.M., and 4 P.M. in each day. Before and 
after the hours named the use of the hand hose is permitted, but water is not 
to be used in needless or wasteful quantities. The use of hand hose in case 
of fire is at all times permitted, and may be used by any one gaining access 
thereto. The use of hand hose for washing locomotives, cars, coaches, or 
vehicles of any description, or for any purpose in which the momentum of 
the water discharged from the hose nozzle is alone depended upon for pro- 
ducing the requisite friction to effect washing, is strictly prohibited, unless 
special permits shall have been granted, and extra water rents paid for all 
such wasteful uses of water. The use of hand hose for washing streets and 
gutters and thawing snow or ice is prohibited. The use of hand hose for 
sprinkling streets, yards, and gardens, washing sidewalks, walks, steps, win- 
dows, and fronts, without hose nozzle or with hose nozzle larger than one 
quarter (+) of an inch in diameter, is prohibited. Leaky hose attachments, 
converting hose into jets for amusement by either adults or children, suffer- 
ing hose to run when not in use, are all strictly prohibited. Adjusting hose 
upon temporary, portable, or fixed supports, or devices of any kind, so as to 
sprinkle automatically, or for the purpose of cooling walls, atmosphere, etc., 
will be regarded as fountains, and be charged, in addition to the ordinary 
rates, such amounts as the Water Company may deem sufficient for all such 
extravagant use of water. 

28. Repairs.—Al]] consumers or subscribers entitled to the use of water 


WATER. 


such terms as may be agreed between it and the authori- 
ties of said City ; and it shall have the exclusive right to 
furnish water to the inhabitants of said City by means of 
pipes or aqueducts, if the authorities of said City shall 
agree thereto, and upon such terms and for such time as 
may be agreed. 


7. The said corporation is hereby empowered to sell the 
privilege of using the water which may be conducted 


through its pipes or aqueducts to any corporation or per- 
/ 


shall keep their own service-pipe, stop-cocks, and other apparatus in good re- 
pair, and shall prevent all unnecessary waste of water. 

29. Constant Flow of Water—Watering troughs in livery-stables, stock- 
yards, slaughter-houses, e¢c., will not be permitted to receive a constant flow 
of water, but only in such quantities as will supply the actual wants of the 
stock having access thereto. Neither will continuous streams of water be 
permitted to flow from hydrants, faucets, draws, water-closets, urinals, or any 
other apparatus connected with the service-pipe, either for want of proper 
repair or for protection against frost. In cases where water is discharged into 
tanks, and the buildings thence supplied, the tanks must be kept perfectly 
water-tight, and the supply-pipes to the same be provided with ball-cocks, 
which must always be kept in working order. 

30, Consumers’ Penalties—If any party shall refuse or neglect to pay the 
water rent within ten days after it is due the water will be turned off, and not 
turned on again until all back rents are paid. Any consumer or subscriber 
violating, or permitting violations from his attachment, any of the Water 
Company’s rules and regulations governing the introduction, supply, and 
consumption of water, will be notified thereof in writing left on the prem- 
ises; and if he then fails to appear promptly and pay the fine, the water will 
be shut off, and a double fine imposed, which, in addition to all expenses at- 
tending the shutting off, will have to be paid before the water is again turned 
on the premises, as well as give satisfactory assurances that future abuses will 
not be permitted. In cases of persistent violations and disregard of the 
Water Company’s rules, the service attachment or ferrule will be withdrawn 
from the distributing pipe and the supply wholly discontinued. Fines for 
violations of rules to be imposed and collected in sums varying from two to 
twenty dollars, according to the nature of the violations. 

31. Plumbers’ Penalties—Any plumber violating any of the Water Com- 
pany’s rules and regulations governing the introduction, supply, and con- 
sumption of water, or who shall, either voluntarily or at the request of any 
consumer or subscriber, introduce auy pipe, hydrant, bath, water-closet, uri- 
nal, or any other device or fixture which is prohibited by the Water Com- 
pany, shall forfeit his license and not have it renewed, nor be allowed to do busi- 
ness, either for himself or for other plumbers, in connection with the Water- 
works, until after the expiration of thirty days, and the payment of a fine 
(not to exceed one hundred dollars) such as the Water Company may see 
proper to impose. 

54 


849 


Id., Section 7. 


850 


Id., Section 8. 


Id., Section 10. 


Id., Section 11. 


WATER. 


son, and the said corporation may make all reasonable 
rules and regulations as to the manner and the times in 
which said water may be taken and used. 


8. The City of Louisville may at any time purchase 
of the said corporation its franchise and all its personal 
and real property, by paying therefor such a sum as, 
together with its receipts, will reimburse the whole 
amount expended, with an annual interest of ten per 
cent.; and from and after the execution of the convey- 
ance the said City of Louisville shall have all the right 
and be subject to all the duties in this act expressed as 
to said corporation. | 

9. This act shall be void if the City authorities of 
Louisville shall provide by ordinance for the construction 
of said Water-works as authorized by an act approved 
the twenty-fourth day of March, 1851, entitled, ‘‘An act 
to charter The City of Louisville,’? and such ordinance 
shall be approved by a majority of the qualified voters of 
said City, voting for or against the same on or before the 
first Monday in July, 1854, and said Council shall, with- 
in four months thereafter, provide to carry such ordi- 
nance into effect, by contracting or causing contracts to 
be made for the said works; and said votes may ‘be 
taken on such day as the said Council may designate by 
resolution; but such ordinance and resolution shall be 
published in at least two newspapers printed in Louis- 
ville at least ten days before the voting; and The City 
may raise the money necessary to the construction of 
said Water-works by issuing and selling her bonds, 
having thirty years to run, and secured by a pledge of 
the water-rents. 


10. The price of water furnished by said Company to 


2. Enforcement of Rules—These rules and regulations shall be strictly 


and impartially enforced by such officers or agents as the board of directors 


may appoint; the said officers or agents shall have unrestricted access, at 
proper hours in the day, to all premises supplied with water from the Water- 
works, for making assessments, reassessments, and such other examination 
and inspection as may from time to time be deemed necessary. 


WATER. 


The City of Louisville shall not exceed the average price 
charged in the cities of Pittsburg, Cincinnati, and St. 
Louis; and the Company hereby incorporated shall com- 
plete said Water-works in three years from the date 
hereof; otherwise this charter shall be forfeited. 


11. If a majority of the votes cast upon the ordinance 
establishing Water-works in The City of Louisville shall 
be in favor thereof, the said City may issue her bonds for 
a sufficient amount to cover the cost of such works, and 
the said works shall stand pledged to secure the payment 
of the bonds, and the net proceeds of the water rents 
shall constitute a fund to pay the principal and interest 
thereof, and shall be devoted to that purpose, and shall 
be deemed a sufficient provision for said payment; and 
the General Council may also make the interest a charge 
upon the Sinking Fund. 


12. For the purpose of paying the expense of conduct- 
ing and managing the Water-works, and paying for the 
water used for public purposes, and the water board may 
assess and collect, from time to time, a water rent of suffi- 
cient amount, in such manner as they may deem most 
equitable, upon all the lands and tenements adjoining or 
bounded upon any street, alley, square, block, public 
ground, or premises through which the water pipe may be 
laid, such assessment to have the force of the City tax. 


13. No tax or water rent shall be levied or assessed for 
the purpose of paying for the use of the water for public 
purposes, or for paying the expense of conducting and 
managing the works, except upon the lands and tene- 
ments.in the water district. 


14. The said City shall have the right to purchase and 
hold the necessary site for said works, and the right of 
way, and may appropriate or procure the condemnation 
of real or personal estate for that purpose within or with- 
out the City limits: Provided, that in no case shall pri- 
vate property be taken without the written consent of 
the owner, or unless the compensation therefor shall be 


An act to 
facilitate the 
erection of 
Water-works 
in The City of 
Louisville. 
Approv’d Mar. 
10, 1854. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4 


852 


WATER. 


An act to 
amend an act 
incorporating 
the Louisville 
Water-works 
Company. Ap- 
proved March 
3, 1856. Sec. 1. 


Id., Sections 
2 and 8. 


An act to 
further amend 
and renew an 
act incorporat- 
ing the Louis- 
ville Water- 
works Com- 
Dany sen p- 
proved Jan. 20, 
1860. Sec. 1. 


Id., Section 2. 


Id., Section 3. 


first fixed by a jury impanneled for that purpose, by the 
order of the City Court of Louisville, and the compensa- 
tion so fixed shall be first paid to the owners. 


15. An act entitled ‘‘ An act to incorporate the Louis- 
ville Water-works Company,’’ approved March 6, 1854, 
be and the same is hereby amended so that no one who is 
not a citizen of Kentucky shall be qualified to hold the 
office of director or president in said Company. 


16. That the time fixed for the completion of said Water- 
works mentioned in Section 11 of the act of incorporation 
aforesaid, be and the same is hereby extended to the first 
day of January, 1859. So much of said act of incorpora- 
tion as is inconsistent with the provisions of this act be, 
and the same is hereby repealed ; and that this act shall 
take effect from and after its passage. 


17. ‘‘An act to incorporate the Louisville Water-works 
Company,’ approved March 6, 1854, be and the same is 
hereby renewed and amended so as to allow said Company 
such other and further time as said Company may require 
to complete said works, and make all extensions that the 
future growth of The City of Louisville may from time to 
time render necessary. 


18. The term for which directors hereafter shall hold 
office shall be three years. Any citizen of Louisville, who 
is qualified to hold a seat in the General Council, shall be 
eligible as a director or as president in said Company, 
whether he be a stockholder or not. : 


19. The next annual election for directors shall be held 
the first Monday in October, 1860, when six directors shall 


be elected, two of whom shall hold office for one year, two _ 
for two years, and two for three years, the respective 


terms to be determined by lot; and thereafter there shall 
be two directors elected annually. Any vacancy which 
may occur by death, resignation, removal, or otherwise, 
shall be filled by the board; and the person thus appointed 
shall hold his place for the unexpired term of the one in 
whose stead he is elected. If at any time an election of 


WATER. 


853 


directors shall not take place on the day appointed by 
this act, the corporation shall not for that cause be dis- 
solved, but an election may be held on another day, in 
such manner as may be prescribed by the directors or pro- 
vided for by the by-laws of the Company. 


20. Said Company may establish rules and regulations 
for and concerning the conduct of all such persons or cor- 
porations as shall use the water from said works, so far 
as respects the preservation and use, and restraining the 
waste thereof; and may thereby impose penalties and for- 
feitures for any violation of said rules and regulations, so 
that such penalties and forfeitures shall not in any case 
exceed twenty dollars ; which penalties may be recovered 
with costs, in the name of the Company, before any jus- 
tice of the peace in the County of Jefferson or City of 
Louisville. Said rules and regulations shall be published 
four weeks successively in three of the daily newspapers 
published in The City of Louisville; and a copy of said 
rules and regulations, certified by the president or secre- 
tary of said Company, with an affidavit of the publication 
of the same made by one of the publishers of said papers, 
or by the foreman in their offices, shall be received as evi- 
dence in all courts and places. 


21. If any person shall willfully and maliciously defile, 
corrupt, or make impure any water used by said corpora- 
tion, or destroy or injure any pipe, aqueduct, reservoir, 
fountain, building, or machinery belonging to said Com- 
pany, such person shall be lable in civil action to said 
Company for treble the amount of damages caused there- 
by, to be recovered in the name of the Company before 
any court having jurisdiction of the amount claimed; and 
the party so offending shall also be liable to a criminal 
proceeding, by way of indictment in the Jefferson Circuit 
Court, and subjected to fine of not exceeding one thou- 
sand dollars, or to imprisonment in the Workhouse of 
The City of Louisville for not exceeding one year. If any 
person shall in any wise injure any of the improvements, 
fencing, grounds, shrubbery, trees, grass, walks, or drives 


Id., Section 4. 


Id., Sections 5 
and 6. 


854 


Id., Section 7, 


Id., Section 8. 


An act to 
amend the 
charter of the 
Louisville Wa- 
ter Company. 
Approved Feb. 
28, 1867. Sec- 
tion 1. 


Id., Section 2. 


WATER. 


upon the lands of said Company, such person shall be 
liable to said Company in treble the amount of damage 
caused thereby, to be recovered. in the name of the Com- 
pany before any court having jurisdiction of the amount 
claimed. 


22. Said Company is authorized to appoint one or more 
persons to supervise and take charge of the reservoir and 
engine-house grounds, who, by virtue of said appoint- 
ment, shall be vested with all the powers of a policeman 
of The City Louisville, to preserve order and arrest all 
trespassers and offenders against the provisions of this 
act, the original, and such rules and regulations as may 
be passed and established by said Company. 


23. The General Council of The City of Louisville are 
hereby vested with power and authority to pass such ordi- 
nances as to them shall seem meet and proper to afford 
any further additional protection to said works, either in 
or out of the corporate limits of The City of Louisville: 
Provided, said ordinances are not inconsistent with the . 
constitution or laws of this State. So much of the act 
entitled ‘‘An act to charter the Louisville Water-works 
Company,’ approved March 6, 1854, and so much of an 
act entitled ‘‘An act to amend an act incorporating the 
Louisville Water-works Company,’’ approved March 8, 
1856, as is inconsistent with the provisions of this act is 
hereby repealed. This act shall take effect from its pas- 
sage. 


24, The act incorporating the Louisville Water Com- 
pany, and the act amendatory thereof, be, and the same 
are hereby amended so as to increase the capital stock 
of said Company fifteen thousand shares, in addition to 
the stock now authorized to be subscribed. 


25. The directors of said Company shall not receive 
subscriptions for said additional stock, or any part 
thereof, until the General Council of The City of Louis 
ville shall have given their consent to the same, by ordi 


WATER. 


855 


nance or resolution, on such terms and conditions as the 
General Council shall prescribe. 


26. The said City of Louisville, in its corporate ca- 
pacity, shall have, and is hereby invested with right and 
power to take and subscribe for said stock, or any part 
thereof, by ordinance or resolution of the General Coun- 
cil, and to pay for the stock on such terms as the direc- 
tors of said Company and The City may agree. The 
said City shall have authority, and power is hereby 
granted, by ordinance or resolution of the General Coun- 
cil, to issue and sell the bonds of said City, payable in 
not less than twenty nor more than thirty years from 
their date, in denominations of one thousand dollars 
each, with coupons attached thereto, payable semi-an- 
nually, bearing interest of not less than six nor more 
than seven and three tenths per cent. per annum; which 
bonds, when so issued, may be paid and delivered to said 
Louisville Water Company in payment of any stock thus 
subscribed by said City. 


» 27. It shall be lawful for said Louisville Water Com- 
pany to issue the bonds of said Company in denomina- 
tions of one thousand dollars each, payable in not less 
than twenty nor more than thirty years, with coupons 
attached thereto, bearing interest of not less than six nor 
more than seven and three tenths per cent. per annum, 
payable semi-annually, and may execute a mortgage on 
the property and income of said Company for the pay- 
ment of the same. That this act shall take effect and be 
in full furce from and after its passage. 


28. The Water-works, as an institution of The City, 
shall remain as now established by law; but the General 
Council shall not take further stock in the Company 
without an ordinance first passed for that purpose, de- 
claring therein the amount to be taken, how to be paid, 
and the tax necessary to be levied on the water district 
to meet the same as now required by law to be levied ; 
and cause such ordinance to be submitted to the quali- 


Id., Section 3. 


Id., Section 4. 


An act estab- 
lishing a new 
charter for The 
City of Louis- 
ville. Ap- 
proved Mar. 3, 
1870. See. 98. 


ee) 
Or 
ep) 


An act to 
amend the 
charter of The 
City of Louis- 
ville; passed in 
February,1872. 
Sec. 11. 


An act for 
the benefit of 
the Louisville 
Water Com- 
pany. Approv- 
ed March 20, 
1880. Sec. 1. 


Id., Section 2. 


WATER. 


fied voters of said City for approval or rejection, at a gen- 
eral election, or special one appointed for that purpose, 
to be provided in said ordinance, after ten days’ public 
notice through all the daily newspapers published in said 
City. But no tax or water rent shall be levied or assessed 
for the purpose of paying for the use of water for public 
purposes, or for paying the expense of conducting and 
managing the works, except upon the lands and tene- 
ments in the water district. 


29. For the purpose of enabling the Water Company 
to extend its mains to Portland and other portions of The 
City, the General Council of said City is authorized to 
give or loan the bonds of said City to the amount of one 
hundred and fifty thousand dollars to said Water Com- 
pany. The bonds so provided shall be made payable not 
exceeding thirty years from date, and at such place as 
shall be designated in the ordinance authorizing their 
issue, not to bear interest more than the rate of seven per 
cent. per annum, payable semi-annually, for the payment 
of which interest coupons may be attached to said bonds. 
The said bonds shall be signed by the Mayor, under the 
corporate seal, and countersigned by the Auditor. The 
Auditor shall also sign the coupons thereto attached. 


30. All rules and regulations that may be adopted by 
the Louisville Water Company for the use of water by 
all persons or corporations shall be published three times 
in two daily papers (one English and one German), pub- 
lished in The City of Louisville, and a copy of said rules 
and regulations, and all amendments made thereto, and 
likewise published or certified to by the president or 
secretary of said Company, with an affidavit of the pub- 
lication of the same made by one of the publishers of 
said papers, shall be received as evidence in all courts 
having jurisdiction. 


31. All special rules and regulations that may be 
adopted by said Company for the private or public use 
of water by any person or persons, firm or corporation, 


WATER. 


857 


and recorded in the minutes or proceedings of the board 
of directors of said Company, shall be received as evi- 
dence in all courts having jurisdiction. 


32. Any person or persons, firm or corporation, using 
or taking water from any public or private hydrant or 
service connection of the Louisville Water Company, or 
any service connected with said Company’s pipes, with- 
out first obtaining a license or permit therefor from said 
Company, shall be fined not less than five or more than 
twenty dollars for each offense, and a reasonable charge 
in addition thereto for the use of water as per the tariff 
of rates established by said Company ; said fine or fines 
and the charge for water to be recoverable in the name 
of Louisville Water Company in any court of competent 
jurisdiction ; and said fine or fines, when collected, shall 
be paid into the City Treasury, and the amount recovered 
for use of the water to go to said Company. 


33. Said Louisville Water Company is hereby vested 
with power to appoint one or more persons to be in charge 
of its premises, warerooms, pipe-yard, service attach- 
ments, and hydrants for water supply for private or pub- 
lic use in The City of Louisville, and for the grounds, 
reservoirs, engine-houses, roads, avenues, and fences in 
the County of Jefferson, who, by virtue of their several 
appointments, shall be vested with all the power of a 
policeman of The City of Louisville or County of Jeffer- 
son to preserve order and arrest all offenders against the 
provisions of this act and all other acts of the legislature 
of the State for the benefit of said Company, and also 
such rules and regulations as may be adopted by the 
board of directors of said Company. | 


34. Said Louisville Water Company shall have power 
to borrow money not to exceed at any one time in the 
aggregate sum of one hundred and twenty-five thousand 
dollars, as the necessities or interests of the Company 
may require, and the amount so borrowed shall be paid 
out of the surplus earnings of the Company. 


Id., Section 3. 


Id., Section 4. 


ia., Section 5, 


858 


WATER. 


Id., Sections 6 
and 7. 


An act to 
amend the 
charter of the 
Louisville Wa- 
ter Company. 
Approv’d Apr. 
22, 1882. Sec- 
tion 1. 


Id., Section 2. 


30. The taxes paid by said Louisville Water Company 
for State and City purposes, shall be in lieu of all other 
taxes of whatsoever kind or character, county or special. 
This act shall take effect from and after its passage. 


36. It shall be the duty of the Louisville Water Com- 
pany to furnish water to the public fire-cisterns and pub- 
lic fire-plugs, or hydrants, of The City of Louisville for 
fire protection, free of charge. 

37, The Sinking Fund of The City of Louisville being 
the owner of the stock of the Louisville Water Company, 
and said Water Company, by virtue thereof, is the prop- 
erty of The City of Louisville, therefore the Louisville 
Water Company is hereby exempted from the payment 
of taxes of all kinds, of whatsoever character, state, mu- 
nicipal, and special. This act shall take effect from and 
after its passage. 


kes See BOUNDARY AND SUBDIVISION—CISTERNS, WELLS, AND Hy- 
DRANTS—ENGINEER—FINANCE—FINES AND MISDEMEANORS-——_FIRE—GEN- 
ERAL CouNCIL—PUBLIC WAYS. 


2The property of a water company necessary for its use, like a turnpike 
or railroad, can not be seized or sold by a collecting officer, and the Chan- 
ecellor having been appealed to for relief, should require the company to pay 
the taxes into court; and, upon its failure to do so, place the management of 
the corporation in the hands of a receiver until the tax be paid unless it ap- 
pear that the land owned by the company is not -necessary to its operations, 
and in that event the Chancellor should direct the Sheriff to sell it—Lov. 
Water Co. v. Hamilton, Court of Appeals, December 20, 1883. Unreported. 


GUE A PD Bre Pal: 


WHARVES AND HARBORS. 


GON EEN TS: 


1. The City is expressly given the 
power to acquire and improve lands 
for wharves. 

2. The vote in the Council on the 
ordinance authorizing the purchase 
to be recorded. 


3. The Council may issue bonds 
to raise the purchase money. 


4. The execution, counter-signing 
and recording of the bonds. 


5. The ordinance need not be sub- 
mitted to the people. 


6. The expenses of acquiring and 
improving the wharf may be charged 
either on the general revenues of 
The City or to the Sinking Fund. 

7. The City may acquire the fee 
of Beargrass Creek and may cause 
the creek to be filled up or improved 
in appropriate manner. 

8. Additional wharf-and-harbor 
bonds authorized to be issued. 

9. Disposition of the proceeds of 
the bonds. 

10. Revenues arising to go to the 
Sinking Fund. 

11. The issue of the bonds to be as 
directed by the Council. 

12. Approval of the contract of 
purchase. 

13. A lien for the payment of the 
principal of the bonds. 


14. The semi-annual interest. 


15. The estate of John Rowan’s 
heirs and divisees in the wharf be- 
tween Second and Ninth streets au- 
thorized to be purchased. 


16. Bonds authorized for payment 
thereof. 


17. Description of the several pieces 
of land and nomination of the price 
per foot to be paid for the same. 


18. Additional bonds authorized. 

19. Authority tosell bonds at eighty 
cents if necessary. 

20. The Mayor authorized to pur- 
chase for The City, at stated prices, 
various tracts of land for wharf pur- 
poses. 

21. Condemnation may be resorted 
to. 

22. Wharfage, rents, and income. 

3. The Wharfmaster; office, and 
deputies. 

24. General duties. 

25. Duty in respect to mooring or 
unmooring. 

26. A wharfage register to be kept. 

27. Financialaccounts ofthe wharf- 
master, 

28. The 
wharf boats. 


29. Term of office ot the wharf- 
master. 


gang-ways of private 


30. Compensation of the wharf- 
master and his deputies. 


31. The election of falls pilots au- 
thorized. 
32. Compensation. 


33. Improvement of the wharf at 
Clay Street authorized and means of 
paying for the same provided. 

34. Power of the General Council 
to cause the making of levees. 


35. Schedule of the rates of wharf- 
age. 


860 


WHARVES 


AND HARBORS. 


An act for 


the benefit of 
The City of 


Louisville. 
Approv’d June 


3, 1865. 
tion 1. 


Sec- 


36. Unfinished steamboats and 
steamboats undergoing repairs ex- 
empted from paying wharfage. 

37. The designation of landing- 
places for certain boats. 

38. The landing of steamboats, 
barges, flatboats, and keelboats regu- 
lated. 

39. Keelboats, barges, and flatboats 
subject to displacement. 

40. Boats at anchor; the harbor. 

41. Failure to pay wharfage and 
penalty therefor. 


42. The wharf to. be protected and 
kept cleared of obstructions. 


43. Sunken boats in the harbor; 
their raising and removal of their 
cargo. 

44. The landing of rafts of logs 
and lumber restricted. 


45. Boats with infectious or conta- 
gious disease aboard must obtain a 
permit before landing, under penalty. 


46. Repealer of former ordinances. 


1. The General Council of The City of Louisville shall 
have, and are invested with the power and authority, 
from time to time, by ordinance, to purchase or lease and 
improve for the use, benefit, and in the name of said City 
any additional or other ground within said City, and 
fronting and near to the Ohio River as shall be con- 
sidered necessary for wharves, or places for landing of 
water-crafts of any description, or lumber, or other ar- 
ticles brought to the said City by water. ! 


1The rule of liability for assessing damages for injuries done to vessels at 
sea is not the rule of liability for injuries to steamboats on the Ohio; the first 
is governed by admiralty law, the latter by the common law.—Broadwell v. 
Swigert et al., 7. B. Mon., 39. A vessel approaching a landing on the river, 
by day or by night, should exercise such care as not to run foul of or injure 
other vessels which are stationary at such landing, whether there be lights 
on the stationary vessel or not.—The Blue Wing v. Buckner, 12 B. Mon., 
246. The City of Covington, being a proprietor of a wharf and keeping 
the same for hire, and charging for the landing and anchorage of boats at 
said wharf, is liable in damages for the loss of a coal-boat at the wharf, 
occasioned by the want of reasonable care and skill in providing proper 
fastenings.—Shinkle v. City of Covington, 1 Bush, 617. Riparian proprietors 
of lots originally fronting on the Ohio River are entitled to the land added 
thereto by accretion, to be ascertained by extending the original river 
frontage of the respective lots as nearly as practicable at right-angles with 
the course of the river to the thread of the stream.— Miller and others v. 
Hepburn, 8 Bush, 326. A dedication of land, by a proprietor of lands laid 


out asa town, on a navigable river, to be a common, confers the right on 


the public authorities of the town to build wharves and charge wharfage.— 
City of Newport v. Taylor’s Executors, 16 B. Mon., 699. See, as to wharfage 
privileges, the case of City of Columbus v. Grey, 2 Bush, 476. The slip or 
wharf being public ground, there is no fee simple title vendible, either by 
The City itself or the court, as private property appropriable to private use, 


WHARVES AND HARBORS. 


2. The ordinance authorizing or directing the purchase 
of the ground named in the first Section shall not be valid 
unless it shall be passed by a majority of the votes of the 
members-elect in each Board of the General Council, and 
the yeas and nays taken and recorded in each Board on 
the record of their proceedings. 


3. The said General Council, by a majority of votes of 
each Board, may, as provided in the second Section, pro- 
vide by ordinance the necessary funds or money to pay 
for the ground named in the first Section, by issuing the 
bonds of The City, payable at such time or times, place 
or places, and such sums, with or without coupons thereto 
attached, as shall be named in said ordinance; and shall 
have power and authority to dispose of said bonds to pay 
for said ground, or to raise the necessary sums of money 
to do so, or may cause to be executed the bonds of The 
City to the vendor or vendors of said land. 


4. The said bonds shall be executed by the Mayor, and 
countersigned or witnessed by the Auditor of said City, 
and the Auditor shall keep a record of the same in a 
record book to be provided for that purpose. 


3. So much of the City charter, or any amendment 
thereto, as requires the ordinances herein provided for to 
be submitted to a vote of the qualified voters of said City, 


free from subservience to those incidental public services. Such a sale, if 
valid, might frustrate the enjoyment of eminent and indispensable public 
rights.—City of Louisville v. Bank of the United States et al., 3 B. Mon., 138. 
In this case the Court of Appeals construed the deed and contract between 
The City of Louisville and John Rowan relative to that portion of the City 
wharf below Beargrass Creek. The litigation between the town of Portland 
and Rowan’s executors concerning the Portland wharf, is determined in 
Rowan’s Executors v. The Town of Portland, 8 B. Mon., 232; and in Portland 
v. Rowan’s Executors, 9 B. Mon., 85, The act of Congresss of August 30, 
1852, for appointing Inspectors in certain districts and authorizing them to 
license engineers and pilots, supersedes any State law on the subject; and a 
license from such Inspectors is a protection to the holder against any penalty 
prescribed by a State law for neglecting to obtain a license under its authority. 
And a license to pilot boats on the Ohio River, between two points, embrac- 
ing the falls of the Ohio, authorizes the holder to pilot over the falls—Dry- 
den v. Commonwealth, 16 B. Mon., 598. 


861 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


862 


Id., Section 6. 


(ATP OG bs t.0 
authorize the 
General Coun- 
cil of The City 
of Louisville to 
obtain the title 
and possession 
of Beargrass 
Creek. Ap- 
proved March 
10, 1854. Secs. 
A Ane: 


An ordinance 
to provide the 
means for the 
purpose of pur- 
chasing, repair- 
ing, and estab- 
lishing a wharf 
for The City of 
Louisville. Ap- 
proved Aug. 
18, 1858. Secs. 
1 and 2. 


WHARVES AND HARBORS. 


or that comes within the purview of this act, is repealed 
so far as the provisions of this act are concerned, but not 
otherwise. 


6. The purchase money for ground herein authorized to 
be purchased, and interest thereon, and the expense or 
outlays in improving said property for wharfing purposes, 
may be charged on the general revenues of said City, or 
the General Council may, by ordinance, make said bonds 
and interest and costs of improving said ground for wharf- 
ing purposes a charge on and to be paid out of the Sink- 
ing Fund of said City. This act shall take effect from 
its passage. 


7. If, in the opinion of a majority of both branches of 
the General Council of The City of Louisville, that por- 
tion of Beargrass Creek, which lies within the limits of 
The City, is a nuisance, or prejudicial to the health of its 
inhabitants, it shall be lawful for the Council to obtain 
the title, control, and possession of the ground over 
which the water of the creek runs, and so much ground 
on either side thereof as may be necessary for the pur- 
poses hereinafter stated, in the manner provided by the 
first Section of the seventh Article of the act to charter 
The City of Louisville, approved March 24, 1851. And 
when the title and possession of said ground is thus ob- 
tained, the General Council may cause said creek to be 
filled up, or the water thereof to run through culverts ; or 
improve it in any other manner they may deem most ap- 
propriate to the health and comfort of the citizens of The 
City. 

8, For the purpose of procuring the means for making 
the improvements and purchases hereinafter mentioned 
and provided for, the Mayor of The City is authorized to 
issue the bonds of The City, in sums of one thousand dol- 
lars each, to the amount of three ‘hundred thousand dol- 
lars, bearing interest at the rate of six percent. per an- 
num, having not more than thirty nor less than twenty 
years to run; the principal and interest to be payable in 


WHARVES AND HARBORS. 


New York or Louisville, as the lender may in the first in- 
stance elect, the interest to be paid semi-annually. The 
interest upon the said three hundred thousand dollars 
shall be paid out of the Sinking Fund. 


9. Of tbe money so borrowed, the sum of two hundred 
thousand dollars shall be used in purchasing and repair- 
ing grounds for wharf purposes within The City of Louis- 
ville, and above the old town line. The remaining one hun- 
dred thousand dolars shall be used in purchasing ground 
necessary for the construction of a basin or dock and 
wharf purposes within The City of Louisville, and below 
Ninth Street, also, for the purpose of grading, repaving, 
and repairing all that portion of the wharf between Third 
and Ninth streets, and also for the purpose of regrading, 
repairing, and repaving Portland Wharf. 


10. The revenues arising from the wharf and basin or 
dock purchased under this ordinance, shall constitute a 
part of the Sinking Fund revenue. 


11. The Mayor shall issue said bonds at the times and 
for the sums that the General Council shall by joint reso- 
lution direct. This ordinance shall not take effect until 
it has been published and approved by the qualified vo- 
ters of The City of Louisville, as required by the charter. 


12. The contract of purchase between The City of Louis- 
ville and James Thompson, survivor of the firm of C. M. 
Strader & Co., for the property in The City of Louisville 
known as Strader & Thompson’s Wharf, at the price of 
one hundred and seventy-five thousand dollars each, bear- 
ing date the first day of March, 1854, payable to the order 
of James Thompson, survivor, with coupons attached, for 
the semi-annual interest, is hereby approved and con- 
firmed. 


13. To provide for the payment of the principal of said 
bonds, a lien is directed to be held upon the property 
purchased as aforesaid ; and after the present debt on the 
Sinking Fund shall have been discharged, in addition to 
the value of said property, a sufficient sum in money, 


863 


Id., Sections 
3 and 4. 


Id., Section 5. 


Id., Sections 6 
and 7. 


An ordinance 
to approve and 
confirm the 
purchase of 
the property 
known as Stra- 
der & Thomp- 
son’s wharf and 
to provide for 
the payment of 
the bonds ex- 
ecuted therefor, 
and the inter- 
est thereon. 
Approv’d Mar. 
21, 1855. Sec- 
tion 1. 


Id., Section 2. 


WHARVES AND HARBORS. 


Id., Section 3.* 


An ordinance 
providing for 


the purchase of 


certain proper- 
ty for wharf 
purposes. Ap- 
proved Dec. 9, 


1867. 


See. 1. 


from the net proceeds of the wharves of The City of 
Louisville, is hereby set apart and appropriated to pay 
said bonds. 


14. To provide for the payment of the semi-annual in- 
terest upon said bonds, all revenue from property pur- 
chased as aforesaid is hereby appropriated, and if there 
should be a deficit, such deficit shall be made up from the 
gross proceeds of the wharves of The City of Louisville. 


15. The Mayor is hereby authorized and directed to 
purchase, for the use and benefit and in the name of The 
City of Louisville, and have duly and legally conveyed to 
said City by deed, with complete warranty, the right, 
title, interest, and claim of the heirs and devisees of John 
Rowan, Sr., deceased, being an undivided fourth (The 
City being the owner of the other three fourths), in and 
to the wharf, between Second and Ninth streets; also, 
the right, title, interest, and claim of said heirs and de- 
visees in and to the strip of wharf of fifty-two and a half 
feet, more or less at Portland, at or near the foot of Ful- 
ton Street ; a lien to be retained in the deed for the pay- 
ment of the purchase money. 


16. And upon the purchase of and payment in full for 
the property aforesaid, the Mayor is hereby authorized 
and directed to execute and deliver to the proper parties, 
the bonds of The City of Louisville, payable in thirty 
years after the date thereof, to the amount of one hun- 
dred and seventy-five thousand dolars, with coupons 
attached for the semi-annual interest, at the rate of six 
per cent. per annum; each bond to be of the denomina- 
tion of one thousand dolars, and the bonds and coupons 
to be of the date of the purchase aforesaid, to be counter- 
signed or witnessed by the Auditor of The City, and to be 
payable in The City of Louisville, Kentucky, at the office 
of the Treasurer of said City, said bonds and the interest 
coupons thereof to be a charge on and paid out of the 
Sinking Fund of The City: Provided, however, that said 


‘purchase shall not be made unless asa part of the terms of 


WHARVES AND HARBORS. 


purchase, a clause be contained in the deed aforesaid, re- 
leasing The City from all claims and causes of action, of 
every nature and description whatsoever, in favor of said 
heirs and devisees, which might exist against The City by 
reason of the manner in which The City has hitherto man- 
aged, or used, or permitted to be used, the wharf or ap- 
propriated the rents and profits arising from the same. 


17. For wharf purposes the Mayor is also hereby au- 
thorized and directed to purchase for the use and benefit 
and in the name of The City of Louisville, and have duly 
and legally conveyed to said City, by deed, with covenants 
of general warranty, all that property as hereinafter de- 
scribed, and at prices not exceeding the amounts herein- 
after stated, viz.: <All that portion of property lying be- 
tween Clay and Preston streets fronting the Ohio River, 
running through to Fulton Street, at a cost not exceeding 
one hundred and sixty dollars per foot, river front meas- 
urement. All that portion of property lying between 
Prestonand Floyd streets and the Ohio River and Fulton 
Street, at a price not exceeding one hundred and ninety 
dollars per foot, through to Fulton Street, river front 
measurement. AI] that portion of property lying between 
Floyd and Brook streets and the Ohio River and Fulton 
Street, at a price not exceeding two hundred and twenty- 
five dollars per foot, through to Fulton Street, river-front 
measurement. All that portion of property fronting 
Water Street, between Fourth and Bullitt streets, with a 
depth of one hundred feet, at a price not exceeding, two 
hundred and fifty dollars per front foot; the owners to 
have the right to remove the buildings and materials on 
the same. All that property fronting Water Street, be- 
tween Bullitt and Fifth streets, with a depth of one hun- 
dred feet, at a price not exceeding one hundred dollars 
per front foot. And all that property lying between Fifth 
and Sixth streets, fronting Water Street, having a depth 
of one hundred feet, at a price not exceeding one hundred 
dollars per front foot; the owners to have the right to 


remove the buildings and materials on the same. 
55 


865 


Id., Section 2. 


866 WHARVES AND HARBORS. 


18. And to pay for the ground authorized by the sec- 
ond Section of this ordinance to be purchased, the Mayor 
is hereby authorized and directed to execute and deliver 
to the proper parties the bonds of The City of Louisville, 
payable as hereinafter shown, to the amount of not ex- 
ceeding —— dollars, with coupons attached for the semi- 
annual interest, at the rate of six per cent. per annum; 
each bond to be of the denomination of one thousand 
dollars, and the bonds and coupons to be of the date of 
the purchase aforesaid, to be countersigned or witnessed 
by the Auditor of The City, and to be payable in The 
City of Louisville, Kentucky, at the office of the Treas- 
urer of said City. Said bonds and the interest coupons 
thereof to be a charge on and paid out of the Sinking 
Fund of The City, and liens to be retained in the respect- 
ive deeds on the property for payment thereof. The 
bonds aforesaid to be received at par, and to be issued 
and made payable as near as may be in equal quan- 
tities at five, ten, fifteen, and twenty years after date 


thereof. 
Id.,Sections2 19. And should the Mayor be unable to pay in bonds. 
NN any one or more of the grantors, by reason of the amount. 


of the purchase money owing such grantor or grantors, 
then, to enable him to make the fractional payments, he 
shall have power to sell and dispose of one or more of the 
bonds aforesaid, at not less than eighty cents on the dol- 
lar, and he shall thus realize enough to make all the 
fractional payments aforesaid. This ordinance shall not. 
take effect until it shall have been approved by a majority 
of the qualified voters voting thereon at the next general 
election for the City officers. 


Anordinance 20, Whereas, The City of Louisville proposed to acquire 


to further pPro- certain property for wharf purposes, from the proprie- 
paraiee hep tors, and passed an ordinance authorizing and directing 
condemnation 4 

of certain prop- the Mayor to purchase the same at specified prices, upon 


icone Wee the same being approved by a majority of the voters of | 

Paeyes Fach 4, The City, and said ordinance was submitted and ratified 
ream- “ e ° . 

ble and Sec. 1. at the last election by a large majority of said voters; and, 


WHARVES AND HARBORS. 


whereas, nearly all of the proprietors have agreed to 
accept the offer of The City for their property, but in 
some few instances the parties are incapacitated to convey 
or are unwilling to accept the prices offered; therefore, 
Be it ordained by the General Council of The City of 
Louisville, that for wharf purposes, the Mayor is hereby 
authorized and directed to purchase for the use and bene- 
fit, and in the name of The City of Louisville, and have 
duly and legally conveyed to said City by deeds, with 
covenants of general warranty, all the property as here- 
inafter described, or any portion thereof, at prices not 
exceeding the amounts hereafter stated, oz: That por- 
tion of property lying between Clay and Preston streets, 
fronting the Ohio River, running through to Fulton 
Street, at a cost not exceeding one hundred and sixty 
dollars per foot, river-front measurement; also, the tri- 
angular lots lying on the north side of Fulton Street, be- 
tween Clay and Preston streets, at a price not exceeding 
the adjoining property. All that portion of property 
lying between Preston and Floyd streets, and the Ohio 
River and Fulton Street, at a price not exceeding one 
hundred and ninety dollars per foot, through to Fulton 
Street, river-front measurement. All that portion of 
property lying between Floyd and the west line of Brook 
Street, if extended, and the Ohio River and Fulton Street, 
at a price not exceeding two hundred and twenty-five 
dollars per foot, through to Fulton Street, river-front 
measurement. All that portion of property fronting 
Water Street, between Fourth and Bullitt streets, with 
a depth of one hundred feet, at a price not exceeding two 
hundred and fifty dollars per foot; the owners to have 
the right to remove the buildings and materials on the 
same. All that property fronting Water Street, between 
Bullitt and Fifth streets, with a depth of one hundred 
feet, at a price not exceeding one hundred dollars per 
front foot. All that property between Fifth and Sixth 
streets, fronting Water Street, having a depth of one 
hundred feet, at a price not exceeding one hundred dol- 


867 


868 


Id., Section 2. 


Id., Section’ 3. 


Id., Section 4. 


WHARVES AND HARBORS. 


lars per front foot; the owners to have the right to re- 
move the buildings and materials on the same. 7 

Be it further ordained, that to pay for the ground au- 
thorized by the first Section of this ordinance to be pur- 
chased, the Mayor is hereby authorized and directed to 
execute and deliver to the proper parties the bonds of 
The City of Louisville, payable as hereinafter shown, 
with coupons attached for the semi-annual interest, at the 
rate of six per cent. per annum, each bond to be of the 
denomination of one thousand dollars, and the bonds 
and coupons to be the date of the purchase aforesaid, to 
be counter-signed or witnessed by the Auditor of The 
City, and to be payable in The City of Louisville, Ky., 
at the office of the Treasurer of said City. Said bonds 
and interest coupons thereof to be a charge on and pay- 
able out of the Sinking Fund of The City, and liens to 
be retained in the respective deeds on the property for 
payment thereof. The bonds aforesaid to be received at 
par, and to be issued and made payable, as near as may 
be, in equal quantities, at five, ten, fifteen, and twenty 
years after the date thereof; and should the Mayor be 
unable to pay in bonds, any one or more of the grantors, 
by reason of the amount of the purchase money owing 
such grantor or grantors, then to enable him to make the 
fractional payments he shall have power to sell and dis- 
pose of one or more of the bonds aforesaid at not less than 
eighty cents on the dollar until he shall thus realize 
enough to make all the fractional payments aforesaid. 


21. Should the Mayor be unable to purchase anv of the 
eround described in Section 1, he is hereby directed and 
authorized to cause the same to be condemned according 
to law, for the uses aforesaid, and for the purpose of pay- 
ing for ground thus condemned, he is authorized to issue 
the bonds of The City, as described in Section 2, payable 
in said years, and sell the same at the highest market 
price. 


22. Allthe wharfage, rents, and income derived or aris- 
ing from the property purchased or condemned under the 


WHARVES AND HARBORS, 


provisions of this ordinance, and that purchased under the 
provisions of an ordinance, approved December 9, 1867, 
(which purchase is hereby confirmed), shall belong and 
go to the Sinking Fund of The City of Louisville, and 
shall not be otherwise appropriated. 


23. The Wharfmaster’s office shall be near the City 
wharves, above the falls, and he may have deputies with 
duties and powers like his own, to have immediate charge 
of other portions of the City wharves, or otherwise to 
assist him-in his duties. 

24. He shall seethat all the City wharves are kept clean 
and in repair, and report any defect or want of extensive 
repairs to the Council, that all boats pay their wharfage, 
and that all ordinances relating to the wharves be com- 
pled with, and shall cause prosecutions to be instituted 
for all fines and penalties for non-compliance with wharf 
regulations or ordinances, and shall collect such fines and 
penalties, as well as all wharfage. | 


29. He shall cause boats to moor and unmoor at such 
points of the City wharves as he may deem best, and most 
convenient for the general business at the wharves, and 
he may cause empty boats and small crafts to be removed 
from alongside of other boats, 


26. He shall keep in some convenient place near the 
wharves, a book, registering the name and tonnage of each 
steamboat landing at the wharves, the name of masters, 
the time such boats remain, and the amount of wharfage 
due and paid thereon, and also registering each flatboat, 
keelboat, and barge, and their wharfage as above. Said 
book shall be at all times open to the inspection of mem- 
bers of the Council, and be laid annually before the Mayor 
and Council. | 


27. The Wharfmaster shall keep a regular account of 
all wharfage and fines collected by him and his deputies, 
and of expenditures made on the wharves, and shall once 
a week, at a time to be designated by the Auditor, pre- 
sent his account thereof, with the necessary vouchers ; 


869 


An ordinance 
prescribing the 
the duties of 
Wharfmast er. 
Approv’d Nov.. 
17, 1853. 


870 


WHARVES AND HARBORS. 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved March 
15, 1870. 


An ordinance 
providing com- 
pensation to the 
Wharfmaster. 
Approved Dec. 
12, 1871. Secs. 
1 and 2. 


An ordinance 
providing for 
the election of 
five Falls Pi- 
lots. Ap- 
proved Apr. 4, 
(Sid some a: 


Id., Section 2. 


and he shall examine into its correctness, and certify on 
it the amount of the net receipts, which he must pay to 
the Treasurer for the Sinking Fund, and what amount for 
the interest owned by Rowan’s heirs in the wharf. And 
he shall immediately pay the required amounts to the 
Treasurer, and take his receipt, of which account and pay- 
ment the Treasurer shall make a full statement to the 
Council at their next meeting. 


28. And in the use of a private wharfboat, the upper 
gangway shall be exclusively that of the owners; but it 
is not understood that other boats shall be excluded from 
the use of the lower gangway, if privilege has been granted 
by the Wharfmaster. 


29. Hereafter when the General Council hold an elec- 
tion of Wharfmaster, he shall be elected for the term and 
period of two years instead of one. 


30. The compensation of the Wharfmaster, in full for 
his services and those of his deputies, shall be ten per 
cent. upon all sums collected by him for wharfage and 
duly accounted for to the City Treasurer; but when the 
fees of his office shall exceed three thousand dollars per 
annum the balance shall be placed to the credit of the 
Sinking Fund. All ordinances in conflict herewith are 
hereby repealed. This ordinance to be in force when the 
ordinance regulating wharfage is passed and approved. 

31. In the month of April, 1871, there shall be elected 
by the General Council, upon joint viva voce vote, five 
falis pilots to serve for five years and until their succes- 
sors are elected and qualified. 


32. Said falls pilots shall for their services be entitled 
to receive for each flat-boat under ninety feet long three 
dollars, and over ninety feet long five dollars; for each 
raft, five dollars; for each Keel-boat, five dollars; for 
each steamboat or vessel under sixty tons, eight dol- 
lars; of sixty and under one hundred tons, ten dollars ; 
of one hundred and under one hundred and forty tons, 
twelve dollars; of one hundred and forty and under two 


WHARVES AND HARBORS. 


hundred tons, fifteen dollars; and over two hundred tons, 
twenty dollars; to be collected from the owner or agents 
of said boat or boats as and when said service is rendered 
by said pilots. 

33. The part of the wharf beginning at a point two 
hundred and twenty-five feet east of a point where the 
center line of Clay Street if extended would intersect the 
north line of Fulton Street, thence east along the north 
line of Fulton Street one hundred and ninety-seven and 
one half feet, thence in a northwardly direction in lines 
parallel with the center line of Clay Strect if extended 
seven hundred and thirty-four feet, more or less, to low 
water mark, shall be improved by filling the same with 
earth and gravel and grading the same according to plans 
and specifications on file in the City Engineer’s office. 
To pay for said improvement of said wharf the sum of 
twenty-five thousand dollars is hereby appropriated out 
of the net income to the Sinking Fund arising from 
wharves, market-houses, and licenses for the year 1879. 


34. For the purpose of relieving lands within The City 
from inundation by the Ohio River, the General Council 
on the petition of the owners of a majority of feet or 
acres of land to be benefited, shall cause the same to be 
leveed, and equitably apportion the cost thereof against 
the respective owners, and for such apportionments and 
interest thereon a lien shall exist on the lands with like 
effect and like remedies as for apportionments for im- 
provements of public ways in Section 12 of this charter. ? 


39. From and after the passage of this ordinance, all 
steamboats, barges, keelboats, flatboat, and coalboats 
coming to our landing at the wharves of The City of 
Louisville, shall pay for the use of said wharves as fol- 
lows, to wit: Each steamboat, for the first twenty-four 
hours or parts thereof, two dollars; for each day or part 
of day thereafter, one dollar: Provided, however, that 


2The act of March 24, 1882, supersedes Section 12 of the charter. 


An ordinance 
providing for 
the improve- 
ment of a part 
of the wharf 
and making an 
appropriation 
of twenty-five 
thousand dol- 
lars to pay for 
the same. Ap- 
proved Oct. 20, 
1879. Secs. 1 
and 2. 


The charter, 
act of Mar. 3, 
1870. Sec. 16. 


An ordinance 
to regulate the 
charges for 
using the City 
wharves, and 
making rules 
and regulations 
for keeping the 
same in good 
order and to 
control the use 
of the same. 
Approv’d Aug. 
17, 1880. Sec- 
tion 1. 


872 


Id., Section 2. 


Id., Section 3. 


Id.. Section 4. 


WHARVES AND HARBORS. 


all regular packets making Louisville their terminus shall 
pay two dollars each for the first twenty-four hours or 
parts thereof, and for each day or part of a day thereaf- 
ter, one dollar; for barges, flatboats, or keelboats, seventy- 
five feet long or under, for each day or part of a day, two- 
dollars ; for barges, flatboats, or keelboats, one hundred 
feet long and over seventy-five feet in length, for the first. 
day or part thereof, three dollars ; for each additional day 
or part thereof, two dollars ; for barges, flatboats, or Keel- 
boats over one hundred feet in length, for the first day or 
part thereof, four dollars ; for each additional day or part 
thereof, two dollars ; for each coalfloat or limefloat used 
for unloading coal or lime, for each day above First Street, 
seventy-five cents ; for each coalfloat or limefloat used for- 
unloading coal or lime below First Street, one dollar for 
each day. | 

36, Each steamboat landing at the wharf to be finished 
in building or undergoing repairs, or to be furnished with 
machinery or equipment, shall not pay any wharfage un- 
til said boat begins to receive passengers or freight for 
her voyage. 

37. The Wharfmaster, the General Council concurring, 
may appropriate and designate a landing for any daily 
line of steamboats or wharfboats lying or landing at the 
wharf; and when designated, shall be kept accessible to- 
said boats on arrival in port, to be subject to such rates, 
rules, and regulations as may be prescribed by ordi- 
nance or resolution. 


38. Allsteamboats, barges, flatboats, and keelboats com- 
ing to or landing within The City shall be governed by the 
following rules and regulations. Boats not receiving or 
discharging cargo shall, when ordered by the W harfmas- 
ter, give place to boats ready to receive or discharge car- 
go. Every master, captain, or owner of such boat not 
receiving or discharging cargo, or the person in charge 
thereof who shall refuse to give place as aforesaid, when 
directed by the Wharfmaster, shall be fined ten doUars: 
($10) for each offense. 


WHARVES AND HARBORS. 


39, Keelboats, barges, or flatboats coming to or landing 
at the City wharves shall, when ordered by the Whartf- 
master, give place to steamboats. Any master, captain, 
or owner of such boat, or person having such boat in 
charge, who shall refuse or fail to give place as aforesaid 
when required by the Wharfmaster, shall be fined ten 
dollars ($10)for each offense. 


40. Any boat anchoring in front of the City wharves to 
load or unload, or receive or discharge freight, shall be 
charged and pay. the same wharfage as if such boat was 
fastened to the shore. No person or persons having charge 
of any boat, or being the master or owner thereof, shall 
suffer the same to ground within The City, or suffer water 
to remain in any boat until the water becomes stagnant 
or offensive, under the penalty of ten dollars (S190) fine for 
each day it shall so remain. 


41. No person or persons commanding or having charge 
of any steamboat or other boat shall neglect, or refuse, or 
fail to pay the wharfage to the Wharfmaster, under a 
penalty of. ten dollars ($10) for each offense. 


42. No person or persons shall break or injure the pave- 
ment, or any part of said wharf, or obstruct the same, or 
any part thereof, with goods or other things when required 
to remove such obstructions by the Wharfmaster, or draw 
out any driftwood or timber upon the wharf without per- 
mission of the Wharfmaster, under the penalty of a fine 
of five dollars ($5) for each offense. No person or persons 
shall permit goods or things of any description to remain 
on the wharf longer than twenty-four hours after they 
have been unloaded from a boat, boats or barges, unless 
by and with the consent of the Wharfmaster. No person 
or persons shall allow freight to remain on the wharf, 
whether going to or coming from steamboat or barges, 
under penalty of a fine of ten dollars ($10), and after the 
expiration of said twenty-four hours said goods and other 
things shall be removed by the Wharfmaster at the ex- 
pense of the owner or owners of such goods or things. 


873 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


Id., Section 8. 


874 


Id., Section 9. 


Id., Section 10. 


Id., Section 11. 


Id., Section 12. 


WHARVES AND HARBORS. 


43. No master, persons in charge, owner or owners of 
any boat shall permit or suffer the same to sink through 
carelessness in the Ohio River opposite the wharves of 
The City, under the penalty of a fine of not less than ten 
($10) dollars nor more than one hundred ($100) dollars for 
each offense. Should any boat sink or be sunk in said 
river in front of the City wharves, the master, owner or 
owners, or person who has charge of the same, shall raise 
such boat, and take out of the river the cargo or load, if 
any, when required to do so by the Wharfmaster, under 
penalty of a fine of not less than twenty ($20) dollars nor 
more than fifty ($50) dollars for each day the same shall 
remain. 


44. No rafts of logs, or lumber of any description, shall 
be permitted to land at the City wharves below First Street 
without the consent of the Wharfmaster. 


45. No steamboat, wharfboat, barge, keelboat, flatboat, 
or raft of any kind shall be allowed to land at the wharves 
of The City of Louisville with any infectious or contagious 
disease on board, without first obtaining written permis- 
sion of the City Health Officer, if any such officer; if no 
such officer, then from the Mayor of The City, under a 
penalty of a fine of one thousand ($1,000) dollars for vio- 
lation of this ordinance, and a lien be retained upon such 
boat or raft to secure the payment of said fine. 


46. Ordinance No. 680, entitled ‘‘ An ordinance fixing 
the rates of wharfage,’’ efc., approved June 9, 1877, and 
all ordinances in conflict with this ordinance, are hereby 
repealed. . 


fes- See BoUNDARY AND SUBDIVISION— BRIDGES AND FERRIES— FED- 
ERAL RELATIONS— ENGINEER— FINANCE— FINES AND MISDEMEANORS— 
GENERAL CoUNCIL—LICENSE—OFFICES AND OFFICERS—PUBLIC Ways. 


GGA BaD Rete LI 


MISCELLANEOUS AND 


SUPPLE- 


MENTAL. 


CeO Ne NL oi 


1. Contractors’ bonds. 

2. Property-owners who are liable 
for cost of public-way improvements. 

3. Houses and lots in The City to 
be numbered. 


4. First Street the dividing-line 
whence numbers commence running 


east and west; odd numbers to be on | 


the north and even on the south side 
of streets running east and west. 


5. Water Street the place of com- 
mencement of numbers of streets run- 
ning north and south; odd numbers 
on the east and even on the west side. 


6. Squares to be divided, for the 
purpose of numbering, into ‘lots not 
exceeding twelve and one half feet 
aeoD: 


. Fractional numbering of-tene- 
Monts 


8. Numbers to be placed a hun- 
_ dred to the square. 


9. Penalty for taking sre num- 
bers, or keeping or permitting to be 
kept other numbers than those placed 
by virtue of ordinance; proviso. 


10. Tenements occupying over 
twelve and one half feet front; how 
numbered. 

11. Advertisement for proposals to 
perform the work; charge and ex- 
pense. 

12. Tenements hereafter erected to 
be numbered by the owner or occu- 
pant; manner of such numbering; 
failure and fine. 

13. Repeal of former ordinances. 


14. Unlawful to sell, vend, trade, 
or dispose of fresh meats within four 


| squares of the market-houses; proviso, 


15. Fine for violation of the act; 
proviso. 


16. Repeal of soittlicting laws; 
effect. 


17. Goats, hogs, shoats, and pigs 
prohibited from running at large on 
streets, alleys, or uninclosed lots; ex- 
ceptions; in case of violation of the 
law such animals may be taken up 
and impounded; regulation of such 
taking up, delivery, keeping, and 
sale; proceeds of sales. 

18. Places of keeping such animals 
when taken up. 


19. Provision for restoration 
owner. 

20. One dollar allowed any person 
so taking up an animal; how paid. 


to 


21. Fine for preventing or molest- 
ing those taking up or impounding 
animals; fine for opening pound-in- 
closures. 


| 22. Fees taxable in each case as 
costs. 

23. Duties of the Marshal of the 
City Court in such cases. 


24. Repeal of former ordinances. 


25. The removal of dead horses, 
mules, dogs, cows, hogs, goats, or 
sheep through public ways prohibited 
except it be by authority of City con- 
tract; saving. 


26. Annual advertisement for pro- 
p 
posals, and award of contract. 


| 27. Contract and security. 
28. Fine for violation of ordinance. 


29. Repeal of former ordinances. 


876 


An act to 
amend the 
charter of The 
City of Louis- 
ville. Ap- 
proved Jan. 4, 
1878. 


The charter, - 


act of March 
3, 1870. Sec- 
tion 117. 


An ordinance 
to porvide for 
the numbering 
of the various 
houses and lots 
in The City of 
Louisville. Ap- 
proved March 
19, 1881. Sec. 1. 


Td., Section 2. 


Id., Section 3. 


MISCELLANEOUS AND ‘SUPPLEMENTAL. 


1, For the faithful performance of all-work done by au- 
thority of The City of Louisville, the contractor therefor 
shall give bond, with good security or securities, and the 
said contractors and his surety or sureties shall be jointly 
and severally liable upon said bond for all work and labor 
done and material furnished upon the work so contracted 
for, which liability shall exist in favor of any person or 
persons performing labor or furnishing material or both, 
and may be enforced by any one having such claim against 
the principal and his surety or sureties, or against either 
of them, in any court having jurisdiction of the amount 
in controversy: Provided, that any person or persons hav- 
ing such claim shall, within thirty days after the labor is 
performed or material furnished, give to the surety or 
sureties on said bond, notice in writing of the amount of 
such claim; and, provided further, that no suit shall be 
brought against the surety or sureties on said bond after 
the expiration of six months from the completion of the 
work. This act shall take effect from and after its pas- 
sage. 


2. The General Council shall cause to be ascertained the 
several owners of property liable for the cost of improve- 
ment of public ways, construction of sewers, cisterns, wells 
and fire-plugs. 


3. As hereinafter shown and provided for, the various 
houses and lots in The City of Louisville shall be num- 
bered. 


4. First Street shall be the dividing line from which the 
numbering shall commence, running east and west, com- 
mencing with number one on each side of said First Street, 
placing, however, odd numbers on the north and even 
numbers on the south side of the streets running east- 
wardly and westwardly. 


5. For the numbering of the streets running north and 
south, Water Street, or the street fronting on the Ohio 
River, or nearest thereto, shall be the commencement point; 
the odd numbers shall be placed on the east side and the 


MISCELLANEOUS AND SUPPLEMENTAL. 


even numbers on the west side of the streets running north- - 


wardly and southwardly. 


6. Upon streets running eastwardly and westwardly the 
square shall be divided into lots of not exceeding and as 
near to twelve and one half feet front as the length of the 
square will admit, each of which lots of ground, whether 
improved or unimproved, shall be numbered ; and upon 
streets running northwardly and southwardly the lots of 
ground shall in like manner be numbered, the front of the 
lots, however, not to exceed twelveand one half feet, and 
to be as near thereto as the length of the square will 
admit. 


7. If by reason of there being two or more tenements 
situated on a lot and fronting on the street, such tene- 
ments can not be numbered with whole numbers, then in 
the numbering thereof fractional numbers shall be used. 


8. The numbering shall commence with number one, as 
aforementioned, and continue so as not to exceed one 
hundred on the first square; the next square to begin at 
number two hundred and continue so as not to exceed 
number three hundred on the same ‘square. All other 
squares running eastwardly and westwardly and north- 
wardly and southwardly shall be numbered in a corres- 
ponding manner until each and every house and lot in 
every square in The City is numbered. 


9. Whoever shall unlawfully take down, deface, de- 
stroy, injure, or change any of the numbers placed on the 
tenements or elsewhere, as provided by this ordinance, or 
use or permit to be kept upon the tenement any different 
number or name of street than is permitted by this ordi- 
nance, shall for each offense be fined fifteen dollars: Pro- 
vided, that when the owner or resident may agree with 
the contractor, at their own expense a finer or more costly 
number may be put up; but said number shall not be 
smaller, of less conspicuous style than is provided by con- 
tract. It is provided and understood that The City does 
not require or hold herself liable for the numbering of 


S77 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


878 


Id., Section 8. 


Id., Section 9. 


da.. Section 10. 


Id., Section 11. 


An act to 
amend the 
charter of The 
The City of 
Louisville, ap- 
proved Mar. 15, 
1876, Sec. 1. 


Id., Section 2. 


Id., Section 3. 


MISCELLANEOUS AND SUPPLEMENTAL. 


vacant or unoccupied lots, the numbering of houses and 
buildings being all that is contemplated by this ordinance. 


10. Wherever a tenement shall be upon a lot having a 
greater number of feet front than is herein prescribed, the 
number of said tenement shall be the number of the lot 
upon which the house or the greater part of the front 
thereof stands. 

11. The Mayor is directed to advertise for bids, and con- 
tract with the lowest and best bidder for making and put- 
ting up the numbers as directed by this ordinance, and to 
fix upon the size of the numbers and the manner of exe- 
cuting the work, which contract shall first be submitted 
to the General Council for approval, and the cost thereof 
to be charged to incidental expenses. 


12. Whenever any tenement shall hereafter be erected 
it shall be the duty of those owning or occupying the 
same to have the same numbered at his or their expense, 
and with the numbers of the same kind, as provided for 
in this ordinance; and for failure to do so such person 
shall be fined five dollars. 

13. All ordinances or parts of ordinances in conflict 
herewith are hereby repealed. 

14. It shall be unlawful for any person or persons to 
sell, vend, trade, or dispose of fresh meats within four 
squares of any established or incorporated market-house 
or market-houses in The City of Louisville: Provided, 
however, this act shall in no way interfere with or pro- 
hibit the doing of any of the business aforesaid in said 
market-house or market-houses. 

15, Any person or persons shall, for a violation of any 
of the provisions of this act, be fined in a sum of not less 
than ten dollars nor more than twenty dollars for each 
offense: Provided, however, that the provisions of this 
act shall not apply when fresh meats are sold in a house 
or green grocery. 

16. All laws in conflict with this act are hereby repealed. 
This act shall take effect from and after its passage. 


MISCELI-'ANEOUS AND SUPPLEMENTAL. 


17. No goat, hog, shoat, or pig shall be permitted to go 
at large upon any of the streets, alleys, or uninclosed lots 
or places in The City of Louisville; but this Section shall 
not apply in cases where hog or hogs are being driven 
through The City or from one part of The City to another 
for the purpose of being sold, or are being taken from one 
place to another to be slaughtered or to be placed in a 
pen or other inclosure. Should any goat, hog, shoat, or 
pig be found going at large in violation of the provisions 
of this Section the same may be taken up by any one and 
be driven or conveyed to the place mentioned in the second 
Section of this ordinance, and shall be left there until dis- 
posed of as hereinafter authorized and directed. The per- 
son so taking up such goat, hog, shoat, or pig shall forth- 
with make a statement of the fact in writing, under oath, 
to the City Court of Louisville, and if said Court deter- 
mine from the facts there has been a violation of this 
ordinance by such goat, hog, shoat, or pig having run at 
large within the limits of said City as aforesaid, said Court 
shall proceed to make an order in which it shall describe 
the marks, e¢c., of each, directing the Marshal of said 
Court to sell the same to the highest bidder, either sepa- 
rate or in lots, as he shall deem best, for cash in hand; 
and after deducting the costs and charges for such pro- 
ceedings, the remainder of the proceeds of such sales shall 
be paid over to the Treasurer of said City, which shall be 
held by him subject to the order of the former owner of 
said goat, hog, shoat, or pig. 

18. The Mayor is hereby authorized to procure one or 
more suitable places, as he may deem proper, within the 
City limits, where goats, hogs, shoats, or pigs going at 
large, in violation of provisions of the first Section of this 
ordinance, shall be kept until released by order of Court 
or sale by the Marshal. 


19. If the owner of any goat, hog, shoat, or pig taken 
up as provided in the first Section hereof, shall appear be- 
fore the Court at any time before the order of saleas pro- 
vided in Section 1 hereof, and pay all costs and charges 


879 


An ordinance 
concerning 
goats, hogs, 
shoats, and 
pigs, and to 
prevent their 
running at 
large within 
the limits of 
The City of 
Louisville. 


Approv’d June 
21, 1879. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


880 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


Id., Section 7. 


MISCELLANEOUS AND SUPPLEMENTAL. 


for the taking up, impounding, and keeping, and also all 
Clerk’s and Marshal’s costs, the Court shall then grant an 
order directing the restoration of such goat, hog, shoat, or 
pig to the owner. 

20. Any person taking up a goat, hog, shoat, or pig, 
found running at large in violation of this ordinance, shall 
be allowed the sum of one dollar each, to be taxed in the 


‘cost, and to be payable and collectable only out of the 


fines and costs herein provided, to be assessed against 
those violating the provisions of this ordinance. 

21. Whoever shall unlawfully prevent or molest any 
one from taking up.or placing in a pound any ‘goat, hog, 
shoat, or pig, as allowed by this ordinance, shall for each 
offense be fined not.less than fifteen nor more than one 
hundred dollars; and any person found guilty of opening 
any inclosure within the City limits for the purpose of 
letting go at large any goat, hog, shoat, or pig, shall be 
fined not less than five nor more than twenty dollars. 

22. There shall be taxed in the cost of each case the 
following fees: To the person taking up, one dollar, for 
each goat, hog, shoat, or pig; for each goat, hog, shoat, 
or pig impounded, twenty-five cents, and twenty-five 
cents per day each so long as they remain in the pound, 
and ten cents to the Marshal for each description, to be 
kept as provided in Section 7 hereof. 

23. The Marshal of said City Court shall keep a record 
describing the marks and description of each goat, hog, 
shoat, or pig sold at public auction under the provisions 
of this ordinance; and after paying the fees and cost, 
which shall be indorsed on the affidavit required in Sec- 
tion 1 of this ordinance, he shall then pay the residue 
over to the City Treasurer, with a statement or descrip- 
tion of each goat, hog, shoat, or pig to be sold, and the 
balance remaining from the sale of each, after paying the 
cost aforesaid, who shall hold the same subject to the 
order of the owner or owners; and when the owner shall 
come into court and pay the cost and fine, as provided in 
Section 3 of this ordinance, said Marshal shall receive 


MISCELLANEOUS AND SUPPLEMENTAL. 
said fine and pay the same over to the City Treasurer, and 
it shall be applied toward defraying the expenses incurred 
in providing suitable pounds and having the same prop- 
erly kept. 

24. All ordinances in contlict herewith are hereby re- 
pealed. 1 

29. It shall be unlawful for any person at any time to 
remove, haul, or drag any dead horse, mule, dog, cow, 
hog, goat, or sheep through or along any of the public 
ways of this City unless such person is first duly author- 
ized to do the same by contract with The City of Louis- 
vule: Provided, this Section shall notapply to the owners 
of such dead animals. 

26, The Mayor shall, in the month of January, 1884, 
and annually in that month thereafter, advertise for pro- 
posals to remove all dead horses, mules, dogs, cows, hogs, 
goats, and sheep, as provided in the first Section hereof, 
and award the contract for the space of one year to the 
highest and best bidder. | 

27. The party to whom such contract shall be awarded 
shall execute a contract, with good security, that all dead 
animals herein named shall be promptly removed from said 
City, and that said party shall not in removing said dead 
animals, either within said City or outside thereof, com- 
mit or permit any nuisance to be made in handling of dis- 
posing of said dead animals. Said contract when made 
shall be transmitted to the General Council for approval. 


28. Any person violating the provisions of the first Sec- 
tion of this ordinance shall be fined twenty dollars for 
each offense. 

29. Ordinance No. 690, with the same title hereof, ap- 
proved May 9, 1878, and all ordinances in conflict herewith 
are hereby repealed. 


1A city ordinance authorizing the seizure and sale of hogs running at 


_e 


large without any judicial determination of a forfeiture is invalid, being in 
violation of the constitution; and an order of the City Court directing such 
a seizure and sale is no protection to the officer acting under it.—Gallagher 
v. Wooster, Court of Appeals, September 26, 1882, unreported. 


56 


881 


Id., Section 8. 


An ordinance 
to prevent the 
removal of 
dead horses, 
mules, dogs, 
COWS, goats, 
and sheep 
through or 
along any of 
thes" pwblic 
ways of The 
City except as 
authorized by 
contract with 
whe City of 
Louisville. 
Approved Jan. 
7, 1884. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Id., Section 4. 


Id., Section 5. 


882 


An act to 
correct two 
errors in the 
act approved 
April 25. 1884, 
entitled An act 
to revise and 
amend the tax- 
laws of The 
City of Louis- 
ville. Ap- 
proved May 
12, 1884. 


An ordinance 
regulating and 
establishing the 
rates of mer- 
chants’ licenses. 
Approved 
Aug. 27, 1884. 
Section 1. 


Id., Section 2. 


MISCELLANEOUS AND SUPPLEMENTAL. 


30. An act entitled ‘‘An act to revise and amend the 
tax laws of The City of Louisville,’’ approved April 25, 
1884, is corrected and amended as follows: In the third 
Section of the first Article, after the words ‘‘Sinking 
Fund’’ the words ‘‘not more than’’ are stricken out. In 
the ninth Section of the same Article the words ‘‘ Sinking 
Fund treasury”’ are substituted for ‘‘ City treasury.’ 


31. This act shall be in force from and after its passage. 


32. No person, firm or corporation shall do business in 
this City as a merchant or dealer in dry goods, groceries, 
clothing, liquors, drugs, medicines, or wares, or merchan- 
dise, of any kind whatever, without first obtaining a license 
to carry on said business: Provided, that no person, 
firm, or corporation who sells liquor to be drunk in the 
house or on the premises of the place of sale shall be 
licensed under the provisions of this ordinance. 


30. That said merchants and dealers shall be divided 
into thirty-five classes, and the rate of license which. shall 
be paid into the treasury of the Sinking Fund for each 
class shall be as follows: 

For the first class, $2,500 per annum. 

For the second class $2,300 per annum. 

For the third class, $2,100 per annum. 

For the fourth class, $2,000 per annum. 

For the fifth class, $1,900 per annum. 

For the sixth class, $1,800 per annum. 

For the seventh class, $1,700 per annum. 

For the eighth class, $1,600 per annwm. 

For the ninth class, $1,500 per annwim. 

For the tenth class, $1,400 per annwin. 

For the eleventh class, $1,200 per annum. 

For the twelfth class, $1,000 per annum. 

For the thirteenth class, $900 per annwm. 

For the fourteenth class, $800 per annwin. 

For the fifteenth class, $700 per annum. 

For the sixteenth class, $600 per annwin. 

For the seventeenth class, $500 per anna. 

For the eighteenth class, $400 per annwm. 


MISCELLANEOUS AND SUPPLEMENTAL. 


For the nineteenth class, $3800 per annwm. 
For the twentieth class, 8250 per annwm. 

For the twenty-first class $200 per annwin. 
For the twenty-second class, $180 per annwim. 
For the twenty-third class, $160 per annum. 
For the twenty-fourth class, $140 per annwim. 
For the twenty-fifth class, $120 per annwm. 
For the twenty-sixth class, $100 per annwi. 
For the twenty-seventh class, S80 per annum. 
For the twenty-eighth class, $60 per annwim. 
For the twenty-ninth class, $50 per annwim. 
For the thirtieth class, $40 per annum. 

For the thirty-first class, $80 per annum. 

For the thirty-second class, $25 per annwim. 
For the thirty-third class, $15 per annwi. 
For the thirty-fourth class, $10 per annwm. 
For the thirty-fifth class, $5 per annum. 


883 


34, A merchant or dealer having a first-class license Jd., Section 3. 


shall be authorized to sell, during the continuance there- 
of, any amount. 

The holder of a second-class license shall be authorized 
to make sales not exceeding $2,300,000 per annum. 

The holder of a third-class license shall be authorized 
to make sales not exceeding $2,000,000 per annum. 

The holder of a fourth-class license shall be authorized 
to make sales not exceeding $1,700,000 per annwin. 

The holder of a fifth-class license shall be authorized 
to make sales not exceeding $1,500,000 per annwm. 

The holder of a sixth-class license shall be authorized 
to make sales not exceeding $1,200,000 per annum. 

The holder of a seventh-class license shall be author- 
ized to make sales not exceeding $1,000,000 per annwm. 

The holder of an eighth-class license shall be author- 
ized to make sales not exceeding $900,000 per annwin. 

The holder of a ninth-class license shall be authorized 
to make sales not exceeding $800,000 per annum. 

The holder of a tenth-class license shall be authorized 
to make sales not exceeding $700,000 per annum. 


884. 


MISCELLANEOUS AND SUPPLEMENTAL. 


The holder of an eleventh-class license shall be author- 
ized to make sales not exceeding $600,000 per annum. 
The holder of a twelfth-class license shall be author- 
ized to make sales not exceeding $500,000 per annwin. 
The holder of a thirteenth-class license shall be au- 
thorized to make sales not exceeding $450,000 per annwwin. 
The holder of a fourteenth-class license shall be author- 
ized to make sales not exceeding $400,000 per annum. 
The holder of a fifteenth-class license shall be author- 
ized to make sales not exceeding $350,000 per annum. 
The holder of a sixteenth-class license shall be author- 
ized to make sales not exceeding $300,000 per annum. 
The holder of a seventeenth-class license shall be au- 
thorized to make sales not exceeding $250,000 per annum. 
The holder of an eighteenth-class license shall be au- 
thorized to make sales not exceeding $200,000 per annum. 
The holder of a nineteenth-class license shall be author- 
ized to make sales not exceeding $150,000 per annum. 
The holder of a twentieth-class license shall be author- 
ized to make sales not exceeding $125,000 per annum. 
The holder of a twenty-first-class license shall be au- 
thorized to make sales not exceeding $100,000 per annwin. 
The holder of a twenty-second-class license shall be au- 
thorized to make sales not exceeding $90,000 per annum. 
The holder of a twenty-third-class license shall be au- 
thorized to make sales not exceeding $80,000 per annwi. 
The holder of a twenty-fourth-class license shall be au- 
thorized to make sales not exceeding $70,000 per annum. 
The holder of a twenty-fifth-class license shall be au- 
horized to make sales not exceeding $60,000 per annum. 
The holder of a twenty-sixth-class license shall be au- 
thorized to make sales not exceeding $50,000 per annum. 
The holder of a twenty-seventh-class license shall be an- 
thorized to make sales not exceeding $40,000 per annum. 
The holder of a twenty-eighth-class license shall be au- 
thorized to make sales not exceeding $30,000 per annum. 
The holder of a twenty-ninth-class license shall be au- 
thorized to make sales not exceeding $25,000 per annum. 


MISCELLANEOUS AND SUPPLEMENTAL. 


The holder of a thirtieth-class license shall be author- 
ized to make sales not exceeding $20,000 per annwm. 

The holder of a thirty-first-class license shall be au- 
thorized to make sales not exceeding $15,000 per annum. 


The holder of a thirty-second-class license shall be au- 


thorized to make sales not exceeding $10,000 per annwin. 
The holder of a thirty-third-class license shall be au- 
thorized to make sales not exceeding $5,000 per anna. 
The holder of a thirty-fourth-class license shall be au- 
thorized to make sales not exceeding $3,000 per annum. 
The holder of a thirty-fifth-class license shall be au- 
thorized to make sales not exceeding $1,000 per annum. 


39. That it shall be the duty of merchants and dealers 
whose sales exceed the amount authorized by their license 
to take an additional license to cover said sales, and it 
shall be the duty of the License Inspector to issue such 
license upon the payment of the difference between the 
amount received for the license theretofore issued and 
the one then issued; and to cancel the old license. If 
any merchant or dealer shall continue to sell beyond the 
amount authorized by his, her or their license for thirty 
days, the License Inspector shall assess and collect from 
such merchant or dealer the rate of license next above 
the one he has taken out; and said merchant or dealer 
shall not be entitled to a license authorizing any kind of 
business whatever in The City of Louisville until he has 
paid said additional assessment. Provided, however this 
Section shall not apply to licenses granted before the pass- 
age of this ordinance. 


36. For the purpose of making a proper classification 
of applicants for license under this ordinance, the Li- 
cense Inspector or his assistant shall require of each ap- 
plicant a statement, under oath, as to the amount of his, 
her or their sales for the preceding year, and no license 
shall be issued until such sworn statement is made and 
filed with the License Inspector. 


37. If any merchant or dealer shall do business as 


R35 


Id., Section 4. 


Id., Section 5. 


Id., Section 6. 


886 


Id., Section 7. 


An ordinance 
to license clair- 


voyants . Ap- 
proved Aug. 
27, 1884. Sec- 
tion 1. 


Id., Section 2. 


An ordinance 
to license pool 


tables. Ap- 
proved Aug. 
27, 1884. Sec- 
tion 1. 


Id., Section 2. 


An ordinance 
to provide for 
the protection 
of lite and prop- 
erty at the 
crossings of tbe 
public ways of 
The City of 
Louisville, 
where the same 
are crossed by 
railroads or 
railways opera- 


MISCELLANEOUS AND SUPPLEMENTAL. 


aforesaid without a license, or make sales beyond the 
amount of his, her or their license, he, she or they shall 
be fined not less than five nor more than fifty dollars for 
each day that said business may be carried on without li- 


-cense, or beyond the amount authorized by his, her or 


their license. 


38. Ordinance No. 447, entitled ‘‘ An ordinance regu- 
lating and establishing the rates of license of liquor deal- 
ers,’ approved July 23, 1870, and ordinance No. 465, en- 
titled ‘‘An ordinance regulating and establishing the 
rates of merchants’ licenses,’’ approved November 25, 
1870, are hereby repealed. 


39. Any person who professes to be a fortune teller, or 
pretends to know of lost or stolen articles, or foretells 
future events by cards, mesmerism, clairvoyance or any 
other device, for fee, reward, or compensation, shall be 
deemed a clairvoyant, and shall pay a license of two hun- 
dred dollars per annum. 


40. Any person who shall violate any of the provis- 
ions of this ordinance shall for each offense be fined not 
less than twenty-five dollars. 


41, Each and every pool table in this City kept for 
profit or hire, or compensation of any kind, shall pay a 
license of twenty-five dollars per annwm into the Sink- 
ing Fund. 


42. Any person who shall keep a pool table without 
having first obtained a license as provided in Section one 
of this ordinance, shall be fined not less than twenty- 
five nor more than fifty dollars for each offense. 


43. For the protection of life and property, all railroad 
or railway companies or corporations operating or pro- 
pelling freight or passenger cars by steam power along or 
upon the public ways or streets of The City, shall, at 
their own cost, cause to be erected and maintained at all 
the public way or street crossings, on their respective 
lines of railroad or railway tracks within the corporate 
limits of The City, competent and efficient electric gongs 


MISCELLANEOUS AND SUPPLEMENTAL. 


887 


and signals similar to those now in use at the crossings 
of the Louisville, Cincinnati & Lexington railway tracks 
and the Shelbyville turnpike, in the County of Jefferson, 
State of Kentucky. 


44. Said railroad or railway companies shall, within 
three months from the passage of this ordinance, cause 
said electric gongs or signals to be placed at the street 
crossings, as provided in the foregoing Section, which 
shall be done under the supervision of the City Engineer. 


45, Said railroad or railway companies or corporations, 
or any of them, shall, for each day they fail to comply 
with the provisions of this ordinance, be subject to a fine 
of not less than five dollars nor more than twenty dollars. 


46. This ordinance shall be enforced three months 
after its publication. 


47. An ordinance entitled ‘‘An ordinance to provide 
for the protection of life and property at railroad cross- 
ings of public ways of The City,’ which passed the 
General Council on August 7, 1884, be, and the same is 
hereby repealed. 


48. Beginning with the first day of September, 1884, 
and on the same date in every year thereafter, the As- 
sessor shall take the list of taxable property in The City 
of Louisville, held or owned by every person in his own 
right or as fiduciary, guardian, or agent, upon blanks in 
the following form, substantially, to-wit: 

Return of taxable property in The City of Louisville, Ky., held or owned 


, residing at No. Street, ——— Ward and 
; place of business, — Street, either in his 


by 
District; occupation, — 
own right or as fiduciary, guardian, or agent, on the first day of September, 
1884, for the raising of revenue for the year immediately succeeding that 
date. 


DESCRIPTION OF LAND: ‘AND IMPROVEMENTS. 


Vacant or im- Location of prop- 


No. of front feet. Depth of lot. 
proved. erty. 


ted by steam 
locomotive 
power. Ap- 
proved Aug. 
27, 1884. Sec- 
tion 1. 


Ia., Section 2. 


Id., Section 3 


Q 
. 


Id., Section 4. 


Or 


Id., Section 


An ordinance 
relating to as- 
sessments. Ap- 
proved Sept. 
15, 1884. Sec- 
Lions L: 


MISCELLANEOUS AND SUPPLEMENTAL. 


Td., Section 2. 


2. Value of personalty— 


Household goods proper..c..<-s900ssses .iesoos-ssevevey se nwaces se vispessestupacenvastecsnes 
Gold and Stl ver ‘minte..c. sccagatnenesssasser estes: sennaip ange Dae cake fata pane teen ‘ 
Pictures, statuary, and private liPrarice .ccesc-c ne seeks operons eluearssendeeserante 
Domestic animals, such as horses, mules, tie ahaa HOPE PBtG. centers 
sGHsore, Pesce ae walasbubtyarenecedudeechanihe pamasehe caren crate coe ietieete Cece seks ana eemnea ae $300 
Assessed value.vics. 3.5 stsesccre j Beck eu vappeeramtwsceapert Os Regen Cheeks eevee enti One saee eee 
Gold-and ‘silver watchps.and chainss5. :..-cp- <i sceetvavaees sees eee ege es aes 
Pianos and musical instruments kept for use.:.....,....¢«.c«ses svassupenssensne 
Unlicensed -carniagesand. vehicles... .).c.sasttesseceteneussevPerstirestsse sens cesa 
Store, office or business furniture and professional libraries..............+0+ 
Poles, wires, mains, pipes, posts, lamps and street railroad tracks.......... 
Total: personalty..ti..csuseeceassee Hoiele anos Seaseauten we tiien steel atau as taser ee memeee 


3. Investments (liable only for school and railroad tax), securities and 
accounts for money loaned, bonds other than City of Louisville or 
U.S. bonds, mortgages, lien notes, and all notes and bills bought 
or discounted, time deposits with bank or bankers...........esereeeevenes 


Deduct Trom AN VesbMients o. ccrewssscccerepcsesaneohsctees comes theese: tet ecu siete eam 
Due by recorded liens for lands or leaseholds in Louisville..............ceee ceeeee 
As to those who have paid bankers’ license, deduct also.......... ....sssesese seeees 
Due for money, borrowed or: held ‘on deposit. cscs tsessse Wires soy b asses anemia 
Assessable amount of in vestmente sic... s scusees cc cseseca sce tec bacoeoey teeth arenas 


Question—Haye you temporarily changed any of your investments before 
the first of September, 18—, with the view of evading the City tax? 

If so, to what extent? 

Add this to above amount. 

STATE OF KENTUCKY, JEFFERSON COUNTY. 
makes oath that the above is a true list of the land and 
improvements of which he [or she, or the firm of , of which he 
js a member, or the , a corporation.of which he is the presiding 
officer, or , for whom he is fiduciary, guardian or agent] was 
the owner or holder; also of the values of personalty and amount of invest- 
ments owned or held by the same on the first day of September, 18—. 


Subscribed and sworn to before me this — day of , 18—, by the above. 


49. Such of the words in the brackets as are not ap- 
plicable to any one case shall be stricken out when the 
oath is signed. Before each of the words, horses, mules, 
cattle, sheep, hogs, a blank space shall be, to be filled up 
with the number of such animals. The Assessor shall 
cause the penal clause of Article 2, Section 4 of the tax 
law of 1884, to be printed on the back of the schedule. 


MISCELLANEOUS AND SUPPLEMENTAL. 


50. The Assessor, or one of his assistants, shall mark 
upon each list received the words ‘‘ head tax,”’ or ‘‘no 
head tax.’’ according as the party for whom the list is 
returned is or is not a resident male over twenty-one years 
of age. 


51. In the month of January of each year the Assessor 
of Taxes shall nominate and the General Council elect five 
persons to be assistant assessors of taxes, who shall aid 
the Assessor on his assessments, make out the tax bills 
from the assessment books and aid in performing all other 
duties pertaining to the office of Assessor as at present 
existing or that may hereafter be defined by ordinance, 
also as many other or additional assistants, not exceeding 
eight, as he may consider needful, the latter to be nomi- 
nated by him and elected by the General Council in the 
month of August or September; these additional assist- 
ants to serve only such length of time between the first 
of September and the fifteenth of November of the year 
for which they are chosen, as their services may be 
required by the Assessor. 

02. They shall give the bond required of other City 
officers and take the special oath required of the Assessor 
before entering upon their duties. 


53. Their salaries shall be the same as are allowed at 
present by the salary ordinance. 


54. Ordinance No. 466, approved November 29, 1870, 
and all other ordinances in so far as the same may be in 
conflict with this, are hereby repealed. 


889 


TId., Section 3. 


An ordinance 
relating to as- 
sistant assess- 
ors’ of .taxes. 
Approved Sep. 
15, 1884. Sec- 
tion 1. 


Id., Section 2. 


Id., Section 3. 


Td., Section 4. 


ie BN DEX 


CONTRACTS WITH THE CITY OF LOUISVILLE. 


I. The City of Louisville and the Louisville City Railway Company: March 9, 
1864. (Main Street Road. ) 


First—The General Council of The City of Louisville hereby consent and agree that 
the Louisville City Railway Company may construct and operate a street railroad or rail- 
roads, to be operated alone by animal power, on, over, and along the following streets, and 
the right and privilege to construct and operate said street railroad or railroads is hereby 
granted to said Louisville City Railway Company, by the General Council of The City of 
Louisville, on, over, and along the following designated streets, to-wit: Commencing at or 
near Main and Twelfth streets, running through and along Main Street with double track, 
to or near Beargrass Street at the eastern end of Main Street; also at Twelfth and Main, 
running through and along Twelfth Street to Jefferson Street; through and along Jefferson 
to its junction with the Bardstown Turnpike; also at Twelfth Street and Jefferson Street, 
through and along Twelfth Street to Broadway, through and along Broadway to the City 
limits, in the direction of Cave Hill Cemetery; also from Main Street, through and along 
Sixth Street to Broadway, with double track; also commencing on Preston Street to the City 
limits in the direction of Belleview and Spring Gardens; and the said Railway Company 
shall have the right to connect any of said railways the one with the other. 

If the First and Second Street Horse Railroad Company shall, within thirty days of the 
signing this contract, file in the office of the Mayor of The City of Louisville their consent to 
the recission of their contract with The City, then, in consideration thereof, it is made a con- 
dition of of this grant, irrevocable, without the consent of said First and Second Street Horse 
Railroad Company, that the Louisville City Railway Company shall lay down, under the provis- 
ions of this agreement, a line of road from the corner of Fourth and Main streets, out Fourth to 
Jefferson, up Jefferson to Second, out Second to Breckinridge, within twelve months from 
the completion of this contract; said line to be extended up Breckinridge to First Street, and 
out First Street to the City limits, whenever the improvements in that part of The City shall 
render such extension proper, to be determined by the General Council; and it shall not bea 
breach of this contract if this extension from Breckinridge Street is not made in three years 
‘from the signing of this contract, unless ordered by the General Council. But the right 
hereby vested in the Louisville City Railway Company, as expressed in the foregoing clause, 
shall not confer on said Company any right or power before given to the First and Second 
Street Horse Railroad Company, unless by the consent of said last named Company, evi- 
denced by writing as aforesaid. : 

Second—The right of the Louisville City Railway Company hereby vested in them to 
operate said railways, shall extend to the full time of thirty years from the date of this agree- 
ment, that being the term for which said Company are vested with corporate privileges by 
the legislature; and at the expiration of said time, the said Railway Company operating said 


894 APPENDIX. 


railways shall be entitled to enjoy all of said privileges on the conditions herein expressed, 
until The City of Louisville, by the General Council, shall elect by ordinance or resolution 
for that purpose, to purchase said tracks or said railways, cars, carriages, station-houses, sta- 
tion-grounds, depot-grounds, furniture, and implements of every kind and description used in 
the construction and operation of said railways, and any of the appurtenances in and about 
the same, and pay for the same in the manner hereinafter mentioned. 

T hird—Such ordinance or resolution shall fix the time when The City of Louisville will 
take said railways and other property before mentioned, which shall not be less than six 
months after the passage of such ordinance or resolution; and at the time of taking said rail- 
ways and property, if The City shall so elect, before mentioned, The City of Louisville shall 
pay to the said Louisville City Railway Company a sum of money, to be ascertained by three 
commissioners, to be appointed for that purpose, as follows: One to be chosen by the General 
Council from the disinterested freeholders of Jefferson County; one in like manner to be 
chosen by the said Louisville City Railway Company; and these two persons to choose the 
third in like manner from said freeholders of Jefferson County; but in making the estimate 
by the commissioners, The City is not to be charged with the right of franchise or right of 
way over the streets herein granted to said Railway Company, for any value or supposed 
value growing out of the same. 

Fourth—The said railways shall be operated with horse power only, and shall be used for 
no other purpose than to transport passengers and their ordinary baggage; and the cars or 
carriages shall be of the best style and class in use on such railways. 

Fifth—The General Council shall have the power at all times to make such regulations as 
to rate of speed, and interval at which the cars shall run, as the public safety may require. 

Sivth—The said Louisville City Railway Company shall not charge a greater rate than 
five cents for each passenger over any one of said railways, for any distance within the limits 
of said City, and not exceeding ten cents for each passenger for any distance outside of the 
City limits, except when cars or carriages shall be chartered for specific purposes. 

Seventh—All railway tracks constructed by the Louisville City Railway Company under 
this agreement shall be of the gauge of five feet, and of the most approved rail, and the same 
shall be laid down in the best manner, and according to the mode of construction of the best 
street railways in other cities of the country, and in such manner as,to be the least impedi- 
ment to the ordinary use of the streets, with suitable crossings at the gutters, so as to permit 
the flow of water under same, and on such present grades of the streets, or on such grades as 
the General Council may hereafter establish; and said road shall be laid in such manner that 
the rails thereof shall not be higher than the level of the adjacent street pavements. 


Eighth—The said Louisville City Railway Company shall bowlder or pave between the 
rails, also bowlder or pave, as the street may be, two feet on the outside of each rail, so as to 
correspond with the street outside, and keep the street between the rails, and for two feet on 
each side of said tracks, in good repair to the satisfaction of the General Council, so long as 
said Company shall operate said railways. And if the said Company to which the privilege 
is hereby granted shall fail to keep so much of said street or streets as above specified in good 
and sufficient repair, or shall refuse to pay into the City treasury the amount of tax or license 
hereinafter fixed by the General Council for the privilege of using said street or streets for 
track or tracks for railways as herein agreed, the General Council shall have the right to pre- 
vent the use of said street or streets by removing the rails therefrom, or after having given 
the Company one day’s notice to make the necessary repairs, the General Council, in case of 
default, may have the same done at the expense of the Company, and for any expense so in- 
curred by The City in making said repairs, The City shall have, and the same is hereby given 
her, a lien on the property of said Company for payment of same. 

Ninth—The said Louisville City Railway Company shall, for the franchise and privilege 


APPENDIX. 895 


herein granted to construct and operate railways over the streets hereinbefore named, pay 
into the City treasury of The City of Louisville, each and every year, the sum of twenty-five 
dollars tax or license for each and every car run and used upon their said railways, or such 
other sum as the General Council may fix, not less than twenty-five, and not to exceed fifty 
do}lars for each car so used by said Company so long as said Company shall operate said 
railways, or so long as the same shall be operated by any other Company. 

Tenth—And provided, further, that The City of Louisville shall not be held liable to 
said Railway Company for any damage said Company may incur from the breakage of any 
sewer or water pipe, or from any delay in the transportation of passengers that may be caused 
by the laying of sewers, water or gas-pipes, or the necessary repairing of the same, or from 
any other delays or damages that may be caused by fire or otherwise; but said Louisville City 
Railway Company shall be liable for any loss or any injury that any person may sustain by 
reason of any carelessness, neglect, or misconduct of their agents, or servants, in the manage- 
ment, construction, or use of said track or roads; and said Company shall indemnify and hold 
The City harmless from any damage that may be claimed by property holders, or by any person 
or persons on account of the laying of said track, or in the use, or by reason thereof, or by 
running the cars thereon. 

Eleventh—The City Council shall, at any future time, have the power, when the public 
good demands, to grant a second or third company or individual, the right to occupy any 
track already laid down, provided the expense of laying and keeping in repair said track, so 
far as used by different companies or individuals, shall be equally borne by all those that use 
them. But the Council shall not have the right to grant a permit to run upon any route 
already disposed of, for a greater distance than one tenth of the whole route; and provided 
that no privilege or right shall be granted to any other company or individual to run to the 
same terminal point over the track of the Louisville City Railway Company, or such terminal 
point or points over their track than the one tenth of the whole route, but may run upon. 
another street or line to any other point. 

Twelfth—In the operating of its railways, the Louisville City Railway Company shall be 
governed by the following specifications, viz: 

1. No car shall be drawn at a greater speed than six miles an hour. 

2. While the cars are turning a corner from one street to another, the horses shall not be 
driven faster than a walk. 

8. Cars driven in the same direction shall not approach each other within a distance of 
three hundred feet, except in case of accident when it may be necessary to connect two cars 
together, and also except at stations. 

4. No car shall be allowed to stop on a cross-walk, nor in front of any intersecting street, 
except to avoid collision, or to prevent danger to persons in the street. 

5. When the conductor of any car is required to stop at the intersections of streets to re- 
ceive or leave passengers, the cars shall be stopped so as to leave the rear platform slightly 
over the crossing. 

6. The conductors and drivers of each car shall keep a vigilant watch for all teams, car- 
riages, persons on foot, and especially children, either on the track or moving towards it, and 
on the first appearance of danger to such teams or persons, or other obstructions, the car shall 
be stopped in the shortest time and space possible. 

7. The conductor shall not allow ladies and children to enter or leave the cars while in 
motion. | 

8. Conductors shall announce to the passengers the names of the streets, or the place 
wherever the cars cross in connection with any other railroad track. 

9. The cars after sunset shall be provided with signal lights. 

Thirteenth—The Louisville City Railway Company shall, within sixty days from the date 
of the signing of this contract, commence the construction of some one of the tracks of the 


896 APPENDIX. 


railways authorized herein to be constructed and operated, and shall build and complete not 
less than four miles of track within the year 1864, and operate the same, and within two 
years thereafter shall complete the remainder of railways granted herein, excepting on Jeffer- 
son Street obstructed by military railroad, and on that street work to be commenced within 
a reasonable time after the removal of such obstructions. 

Fourteenth—The said Company shall execute a bond in the sum of twenty-five thousand 
dollars, ($25,000) to be prepared by the Assistant City Attorney, binding the said Railway 
Company to perform all the stipulations set forth in this contract or agreement, with two or 
more good securities to be approved by the Mayor of The City and the General Council, and 
the said General Council shall pass all proper ordinances for the protection of the rights of 
said Louisville City Railway Company, to prevent any person or persons trom wilfully or 
maliciously interfering with said railway, or injuring the property of said Railway Company 
within The City of Louisville, or unnecessarily obstructing the passage of the cars by teams 
or vehicles. The bond required to be given by said Company shall be executed and delivered 
within twenty days after the signing of this agreement. But it is further agreed that this 
contract is not binding on The City of Louisville unless said bond for $25,000 shall be fully 
executed within twenty days from the signing of this contract as hereinbefore provided, and 
approved by the Mayor of The City and the General Council within a reasonable time there- 
after. 

Fifteenth—The Louisville City Railway Company shall, at any time after the completion 
of the railways on the streets mentioned herein, extend the said lines to the limits of The City, 
- or such future limits as may be established, when required thereto by the General Council; 

and the said Company shall have the right and privilege to make such extension in pref- 
erence to other companies or individuals, whenever the General Council shall determine to 
extend the same in a continuous line. 

Sixteenth—It is further agreed by and between the contracting parties hereto, that should 
the said Louisville City Railway Company fail, as specified in the foregoing agreement, to 
build, complete, equip, and run four miles of the track of said road within the year 1864, or 
shall fail within two years from the first day of January, 1865, to complete the remainder of 
said railways granted and agreed to be built herein, (except that part on Jefferson Street, 
now obstructed by the military railroad, and except for such times as they may be delayed by 
military or legal hindrances and obstructions) and equip and run the same, the said Railway 
Company shall then thereby forfeit the right of franchise herein delegated, and the right of 
way and track, or so much thereof as shall then be laid, together with the cars, machinery, 
and power used by said Company for running the same; and it is further agreed by and 
between the parties hereto, that any such failure on the part of the Company shall be damage 
to The City; and they now agree that the damages so sustained are liquidated and amount to 
the value of said franchise herein so delegated, the track so by them laid, the cars and power 
used for propelling the same, and for the payment thereof a lien is hereby given and created 
on all said franchise, track, railroad, cars, and horses used for the purpose of propelling the 
same, and said lien shall cease on the completion of the road herein contracted to be built, 
provided they are built and equipped in the time specified in this contract, with the excep- 


tions herein specified. 
Seventeenth—It 1s agreed that this contract shall be executed and acknowledged before the 


Clerk of the County Court of Jefferson County by the Mayor of The City of Louisville and 
by said Louisville City Railway Company, and by him recorded in said office. — 

In testimony of which The City of Louisville, under her corporate seal by her Mayor, and 
the said Louisville City Railway Company, have hereunto subscribed the same, this ninth day 
of March, 1864. As es 6 Oa Bat 

Pres't Louisville City Railway Co. 
WM. KAYE, Mayor. 


APPENDIX. 897 


II. The City of Louisville and the Louisville City Railway Company: December 
5, 1864. (Portland Road.) 


This contract, entered into the fifth day of December, eighteen hundred and sixty-four, 
between The City of Louisville, (Kentucky,) by her Mayor, Wm. Kaye, of the one part, and 
the Louisville City Railway, by its President, J. T. Boyle, of the other part, Witnesseth: 

That whereas, upon the application of said Railway Company, a resolution was passed by 
the General Council of The City aforesaid, and approved by the Mayor of said City on the 
first day of December, 1864, authorizing and empowering said Railway Company to construct 
a street railroad, with double track, with the crescent pattern of rail, from Main Street, on 
and over Twelfth Street and Monroe Street, to Portland Avenue, and thence over the said 
avenue and Fulton and Commercial streets to or near Portland Ferry; but providing that 
before the franchise and privilege thereby granted and intended to be conferred shall be en- 
joyed or vested in said Company, the said Railway Company shall first enter into a contract 
with The City of Louisville, which contract the Mayor is, by said resolution, authorized to 
enter into for and on behalf of The City, the provisions of which contract shall require said 
Railway Company to construct and operate said road with horse power only, not charging 
for each passenger over said road more than five cents; and that said road shall be constructed 
in the best manner that roads with crescent rails are built, and in such manner as not to ob- 
struct the passage of ordinary vehicles along and across said road-track; and that said Rail- 
way Company shall be bound to make all crossings and gutters, and keep the same in repair 
under the supervision of the City Engineer, and to keep the streets in good order within said 
tracks and for two teet on each side of said tracks; and further, that said contract shall be so 
made that no exclusive right is vested in said Company under said resolution or the contract 
thereby authorized to be made, and that said Company shall also be bound to indemnify The 
City against all damages and costs, and hold The City harmless from all claims of individ- 
uals or corporations; and that said Company shall complete the construction of said road 
within six months from the date of the contract, unless hindered or delayed by military or- 
ders or legal proceedings; and whereas, it is further provided by said resolution that the terms, 
conditions, and requirements of the existing contract between The City and said Railway 
Company, under date the ninth of March, 1864, in so far as the same may be applicable, shall 
constitute and form a part of the terms and requirements of the contract authorized by the 
aforesaid resolution to be entered into by the Mayor, and that the franchise and privileges 
granted shall terminate at the same time, in the same manner, and on the same terms as the 
franchise and privileges referred to in the aforesaid contract of the ninth of March, 1864: 

Now, therefore, in-consideration of the premises and of the taxes or licenses to be paid 
by said Railway Company to said City as hereinafter shown, and of the agreements and un- 
dertakings herein set forth to be complied with and performed by said Railway Company, 
said Louisville City Railway Company, subject to the restrictions herein mentioned, is author- 
ized and empowered to construct and operate, with horse power only, a Street Railroad with 
double track, with the crescent pattern of rail, from Main Street, on and over Twelfth Street 
and Monroe Street to Portland Avenue; and thence over the said avenue and Fulton and 
Commercial streets to or near Portland Ferry; which road shall be constructed, and said 
Company hereby agrees to construct the same in the best manner that roads with crescent 
rails are built, and in such manner as not to obstruct the passage of ordinary vehicles along 
and across said road-track, and so as to be the least impediment to the ordinary use of the 
streets. The construction of said road shall be completed within six months from the date 
of this contract, unless hindered or delayed by military orders or legal proceedings. 

Said Company shall and agrees to make and keep in repair, under the supervision of the 
City Engineer, all and suitable crossings and gutters, so as to permit the flow of water under 
same, and on such present grades of the streets, or on such grades as the General Council may 

57 


898 APPENDIX. 


hereafter establish; and said road shall be laid in such manner that the rails shall not be 
higher than the level of the adjacent street pavement. 

The said Railway Company shall bowlder or pave between the rails; also bowlder or pave, 
as the street may be, two feet on the outside of each rail, so as to correspond with the street 
outside, and keep the street between the rails and for two feet on each side ot said track 
in good repair, to the satisfaction of the General Council, so long as said Company shall ope- 
rate said railway; and if the Company to which the privilege is hereby granted shall fail to 
keep so much of said street or streets as above specified in good and sufficient repair, or shall 
refuse to pay into the City treasury the amount of tax or license to be fixed by the General 
Council, as hereinafter provided, for the privilege of using said street or streets for tracks for 
railway as herein agreed, the General Council shall have the right to prevent the use of said 
street or streets by removing the rails therefrom; or after having given the Company one 
day’s notice to make the repairs, the General Council may, in case of default, have the same 
done at the expense of the Company; and for any expense so incurred by The City in mak- 
ing such repairs, The City shall have a lien, and the same is hereby given her on the property 
of said Company for payment of the same. 

The said railway shall be operated with horse power only, and shall be used for no other 
purpose than to transport passengers and their ordinary baggage; and the cars or carriages. 
shall be of the best style and class in use on such railways; and the fare for each passen- 
ger over said road shall not exceed five cents. 

The General Council shall have the power at all times to make such regulations as to the 
‘ate of speed, and intervals at which the cars shall run, as the public safety and convenience 
may, in their Judgment, require. 

The right, franchise, and privilege of the Louisville City Railway Company conferred 
and vested by the beforementioned resolution and this contract are not, nor are they intended, 
nor shall they be construed to be exclusive. 

Said right, franchise, and privilege shall extend to the ninth day of March, eighteen hun- 
dred and ninety-four; and at the expiration of said time, the Railway Company operating 
said railway shall be entitled to enjoy all of said privileges on the conditions herein expressed, 
until The City of Louisville, by the General Council, shall elect, by ordinance or resolution 
tor that purpose, to purchase said tracks or railways, cars, carriages, stationhouses, station- 
grounds, furniture, and implements of every kind and description used in the construction 
and operation of said railways, and any of the appurtenances in and about the same, and pay 
for the same in the manner hereinafter mentioned, viz: Such ordinance or resolution shall 
fix the time when The City of Louisville will take said railways and other property before- 
mentioned, which shall not be less than six months after the passage of such ordinance or 
resolution; and at the time of taking said railway and property, if The City shall so elect, as 
beforementioned, The City of Louisville shall pay to said Louisville City Railway Company 
a sum of money, to, be ascertained by three commissioners, to be appointed for that purpose 
as follows: one to be chosen by the General Council from the disinterested freeholders of 
Jefferson County; one in like manner to be chosen by the aforesaid Railway Company; and 
these two persons to choose the third in like manner from said freeholders of Jefferson 
County; but in making the estimate by the commissioners, The City is not to be charged 
with the right of franchise or right of way over the streets herein granted to said Railway 
Company for any value or supposed value growing out of the same. 


The said Louisville City Railway Company, for the franchise and privilege herein 
granted to construct and operate railways over the streets as herein provided, shall pay into 
the treasury of The City of Louisville, each and every year, the sum of twenty-five dollars 
tax or license for each and every car run and used upon said railway, or such other sum as 
the General Council may fix, not less than twenty-five dollars, and not to exceed fifty dollars, 


APPENDIX. 899 


for each car so used by said Company so long as said Company shall operate said railway, or 
so long as the same shall be operated by any other company. 

The City of Louisville shall not be held liable to said Railway Company, nor shall said 
Company have or assert any claim against said City for any damage or loss said Company 
may incur from the breakage of any sewer- or water- or gas-pipe, or from any delay in the 
transportation of passengers that may be caused by the laying of sewer-, water- or gas-pipes, 
or the necessary repairing of the same, or from any other delays or damages that may be 
caused by fire or otherwise; nor shall said Company have or assert against The City any 
claim for damages, delay, or loss in consequence of any suit or litigation with any individuals 
or corporation, or on account of the granting, by The City, of the rights, franchises, and privi- 
leges herein mentioned; but said Railway Company shall and agrees to be liable for any and 
all losses or injuries that any person may sustain by reason of any carelessness, neglect, or 
misconduct of their agents, employes, or servants, in the management, construction, or use of 
said track or road; and said Company shall and agrees to indemnify and save and hold The 
City harmless and from any and all damages and costs that may be claimed by property 
holders, or by any person or persons or corporation, on account of the granting by The City 
of the rights, privileges, and franchises herein mentioned, and on account of the laying of 
said track, or in the use, or by reason thereof, or by running cars or carriages thereon, or for 
any other act or acts of said Company, their agents, servants, or employes. 

The General Council shall, at any future time, have the power, when in their judgment 
the public good demands it, to grant a second or third company or individual the right to 
occupy any track that may be laid down, provided the expense of laying and keeping in re- 
pair said track, so far as used by different companies or individuals, shall be equally borne by 
all those that use them. But said Council shall not have the right to grant a permit to run 
upon the railway for a greater distance than one tenth of the whole route herein mentioned ; 
and no privilege or right shall be granted to any other Company or individual to run to the 
same terminal point over the track of the Louisville City Railway Company, or such terminal 
pote or points over the track than the one tenth of the whole route aforesaid, but may run 
upon any other street or line to any other point. 

In the operating of its railways, the Louisville City Railway Company shall be governed 
by the following rules and regulations, viz: 

1. No ear shall be drawn at a greater speed than six miles an hour. 

2. While the cars are turning a corner from one street to another, the horses shall not be 
driven faster than a walk. 

3. Cars driven in the same direction shall not approach each other within a distance of 
three hundred feet, except in case of accident, when it may be necessary to connect two cars 
together, and also except at stations. 

4. No car shall be allowed to stop on a cross-walk, nor in front of : any intersecting street, 
except to avoid collision, or to prevent danger to persons in the street. 

5. When the conducter of any car is required to stop at the intersections of streets to re- 
ceive or leave passengers, the cars shall be stopped so as to leave the rear platform slightly 
over the crossing. 

6. The conductor and driver of each car shall keep a vigilant watch for all teams, car- 
riages, persons on foot, and especially children, either on the track or moving towards it, and 
on the first appearance of danger to such persons or teams, or other obstructions, the car shall 
be stopped in the shortest time and space possible. 

7. The conductor shall not allow ladies or children to enter or leave the car while in 
motion. 

8. Conductors shall announce to the passengers the names of the streets, and thre place 
wherever the cars cross in connection with any other railroad track. 

9. The cars after sunset shall be provided with signal lights. 


900 APPENDIX. 


It is further agreed between the contracting parties, that should the said Louisville City 
Railway Company fail, as specified in this agreement, to build, complete, equip, and run 
through the route herein designated, by the expiration of the six months, except delayed by 
military interference or legal proceeding, and except for such time as said Company may be 
so delayed, the said Railway Company shall then thereby forfeit the right of franchise herein 
delegated, and the right of way and track, and so much thereof as shall then be laid, together 
with the cars, machinery, and power used by said Company for running the same; and it is 
further agreed by and between the parties hereto, that any such failure on the part of the 
Company shall be damage to The City, and they now agree that the damages so sustained 
are liquidated, and amount to the value of said franchise herein so delegated, the track so by 
said Company laid, the cars and power used for propelling the same; and for the payment 
thereof a lien is hereby given and created on all said franchise, track, railway, cars, and 
power and horses used for the purpose of propelling the same; and said lien shall cease on the 
completion of the road herein contracted to be made, provided the same is built and equipped 
in the time specified in this contract. 

The aforesaid Railway Company shall execute a bond to The City of Louisville in the sum 
of twenty-five thousand dollars, to be prepared by the Assistant City Attorney, binding said 
Company to perform all the stipulations set forth in this contract, with two or more good 
sureties, to be approved by the Mayor of The City and the General Council. 

The said General Council shall, when thereunto requested by said Company, pass proper 
ordinances for the protection of the rights of said Railway Company, to prevent persons from 
willfully or maliciously interfering with said Railway, or injuring the property of said Rail- 
way Company within The City of Louisville, or unnecessarily obstructing the passage of 
cars by teams or vehicles. 

The bond required to be given by said Company shall be executed and delivered within 
twenty days after the signing of this contract; and it is agreed that this contract shall not be 
binding on The City unless the aforesaid bond shall be fully executed within twenty days 
from the signing of this contract as hereinbeforfore provided, and approved by the Mayor of 
The City and the General Council within a reasonable time thereafter. 

It is agreed that this contract shall be executed and acknowledged before the Clerk of the 
Jefferson County Court by the Mayor of The City of Louisville and by the president of the 
Louisville City Railway Company, and by said Clerk be recorded in his said office. 

In testimony of all which the said Wm. Kaye,as Mayor of The City as aforesaid, has 
hereto signed his name and affixed the corporate seal of said City, and said J. T. Boyle, as 
president of the aforesaid Railway Company, has hereunto signed his name and affixed hereto 
the corporate seal of said Railway Company. 

WM. KAYE, Mayor. 
J.T. BOYLE, 
Pres. Lowisville City Railway Co. 


III. The City of Louisville and the Louisville City Railway Company: October 
11, 1872. 

This contract, made in conformity with the ordinance approved September 11, 1872, en- 
titled “An ordinance for the benefit of the Louisville City Railway Company” (a printed 
copy of which said ordinance is appended hereto for more convenient reference),! and entered 
into this eleventh day of October, 1872, between The City of Louisville of the first part and 


1This ordinance will be found in Chapter XX XVIII, Section 51; page 600 of this Code. 


APPENDIX. | 901 


the Louisville City Railway Company of the second part, being in continuation and modi- 
fication of contracts heretofore made and entered into between said parties; witnesseth: 

That the party of the first part, in consideration of the covenants and undertakings of the 
party of the second part, hereinafter recited, and numbered from one to eight inclusive, the 
first and second of which to be done, kept, and performed as conditions precedent to the cove- 
nant and grant of the party of the first part, has and hereby does grant and confirm unto the 
party of the second part, so far as the first party has the right and power: 

First—The right and privilege to lay down and use a single-track railway, with turn-outs, 
in Brook Street, from Jefferson Street to Main Street, having curves connecting the Brook- 
Street track, with the tracks on Jefferson Street and the tracks on Main Street. 

Se cond—The right and privilege to connect by curves the tracks of the Louisville City 
Railway Company with the tracks of the Citizens’ Passenger Railway Company of Louisville 
at any point or points where they may intersect.  ~ 

Third—The party of the second part to be, and is hereby, released henceforth forever from 
its covenant and obligation to repair and keep in repair any portion of the streets, said repairs 
to be hereafter made by and at the expense of the party of the first part. 

And the party of the second part, in consideration of the said grants and release, cove- 
nants and agrees with said party of the first part: 

First—To put in perfect repair that part of the streets between its rails and for two feet on 
each side thereof as a condition precedent. 

Second—To pay all back licenses and such sums as have been expended by the party of 
the first part in repairing said streets on account of said second party, as shown on the books 
of the City Engineer during the years 1869, 1870, 1871, and 1872, the said sums to be paid in 
money or by the notes of said second party, with security to be approved by the Mayor and 
General Council, payable in six, twelve, eighteen, twenty-four, and thirty months after date, 
with ten per cent. interest from date, negotiable and payable in bank, as a condition precedent 
to said grants and release. 

Third—To number aud register with the License Inspector every car operated by said 
second party, and henceforth to pay to the City Treasurer in advance, as a license for each 
car to be run during the year, the sum of fitty dollars ($50). 

Fourth— Within three (3) years, and sooner if required, to take up its crescent-rail on its 
routes in The City and lay down instead tram-rail, and will at any time, upon two days’ writ- 
ten notice from the Mayor, remove its track from any part of any street, at its own cost, when 
the same may be improved in any way, either by reconstructing, sewering, or otherwise, and 
when streets are made or reconstructed it shall lay down the tram-rail at such time. 

Fifth— Will run a line of cars from the Louisville and Nashville Railroad Depot to Main 
Street at Brook Street, running via Broadway, Sixth, Jefferson, and Brook streets, and Main 
Street to the corner of Sixth and Main streets; thence via Sixth Street and Broadway to the 
Louisville and Nashville Railroad Depot, or such point as The City may direct, and but one 
fare shall be charged on said route. 

Siath—Will lay down necessary curves at the corner of Fourth and Jefferson streets, west 
of Fourth Street, connecting Fourth Street with Jefferson Street, and will also lay down 
curves at Fourth and Main streets, and operate the same in connection with Main Street to 
Brook Street, 

Seventh— Will dismiss all suits now pending in the courts in its name against said party 
of the first part, and pay all the costs attending said litigation. 

Bighth—Will make all changes of tracks, lay all curves, and do all other work required 
by said ordinance to be done by said second party, under the supervision of the City Engi- 
neer, and will lay the said curves and do the other work ordered and agreed to be done within 
three months from the eleventh day of September, 1872. 


902 APPENDIX. 


In testimony whereof the said parties hereto have caused their respective corporate seals 
to be affixed hereto, and have caused this contract to be signed by their respective chief execu- 
tive officers. LOUISVILLE CITY RAILWAY CoO., 

By C. G. Davidson, President. 


IV. Tke City of Louisville and the Central Passenger Railroad Company: Jan- 
uary 25, 1866. 


These articles of agreement, made and entered into between The City of Louisville, of 
the one part, and the Central Passenger Railroad Company, (incorporated by act of the leg- 
islature, approved December 20, 1865,) of the other part, Witnesseth: 

First—That in consideration of the payments herein mentioned to be made, and the acts 
hereinafter stipulated to be done and performed by said Central Passenger Railroad Com- 
pany, The City of Louisville hereby agrees that said Central Passenger Railroaa Company 
may construct and operate street railroads, to be operated alone by animal power, on, over, 
and along Fourth and Walnut streets, as hereinafter shown, and the right and privilege to 
construct and operate said street railroads is hereby granted to said Central Passenger Rail- 
road Company by The City of Louisville on, over, and along Fourth and Walnut streets as 
follows, viz: commencing at or near Fourth and Jefferson streets, running thence through 
and along Fourth Street, with double track and the necessary turn-outs, southwardly to Oak 
Street; also over and along Walnut Street from Garden to Kighteenth Street, with double 
track; the track to be laid beyond Kentucky Street so soon as the street beyond Kentucky 
Street shall be graded. It is further agreed that said Central Passenger Railroad Company 
shall have the privilege of running their cars to Main Street on Fourth Street, over the track 
of the Louisville City Railway Company, as provided for in section eleven of the agreement 
between said Louisville City Railway Company and The City of Louisville, when the con- 
sent of said City Railway Company shall be obtained. 

Second—The right of said Central Passenger Railroad Company hereby vested in them 
to operate said railways shall extend to the full time of thirty years from and next after the 
date of these articles of agreement; and at the expiration of said time, the Central Passenger 
Railroad Company, operating said railways, shall be entitled to enjoy all the said privileges 
on the conditions and subject to the terms and restrictions herein expressed, until The City of 
Louisville snall elect, by ordinance or resolution for that purpose, to purchase said tracks or 
railways, and the cars, carriages, station-grounds, depot-grounds, furniture, and implements 
of every kind and description used in the construction and operation of said railway or rail- 
ways, and any of the appurtenances in and about the same in the manner hereinafter 
mentioned. 

Third—Such ordinance or resolution shall fix the time when The City will take said rail- 

rays and the other property beforementioned, which shall not be less than six months after 
the passage of such ordinance or resolution; and at the time of taking said railways and 
property, if The City shall so elect as beforementioned, said City shall pay to said Central 
Passenger Railroad Company therefor, a sum of money to be ascertained and determined 
upon by three commissioners to be appointed for that purpose, as follows: One to be chosen 
by the General Council from the disinterested freeholders of Jefferson County; one in like 
manner to be chosen by the said Central Passenger Railroad Company; and these two per- 
sons to choose the third in like manner from said freeholders of Jefferson County; but in 
making the estimate by the commissioners, The City is not to be charged for on account of 
the privileges, franchises, or rights of way herein granted to said Central Passenger Railroad 
Company, for any value or supposed value growing out of the same. 
Fourth—Said railways shall be operated with horse-power only, and shall be used for no 


APPENDIX. 903 


other purpose than to transport passengers and their ordinary baggage; and the cars shall be 
of the best style and class in use on such railways. 

‘ifth—The General Council shall have the power at all times to make such regulations as 
to the rate of speed and intervals at which the cars shall run, as the public safety and con- 
venience may, in their judgment, require. 

Sivth—Said Central Passenger Railroad Company shall not charge a greater rate than 
five cents for each passenger over said railways, for any distance within the limits of The 
City, and not exceeding ten cents for each passenger for any distance outside of The City 
limits, except when cars shall be chartered for specific purposes. School-children and 
teachers going to or returning from school shall only be charged half fare. | 

Seventh—All railway tracks constructed by said Central Passenger Railroad Company 
under this agreement shall be of the gauge of five feet, and of the most approved Philadelphia 
tram rail, and the same shall be laid down in the best manner, and according to the mode of 
construction of the best railways in other cities of the country, and in such manner as to be 
the least impediment to the ordinary use of the streets, with suitable iron crossings at the 
gutters, and so as to permit the flow of water under the same, and on such present grades of 
the streets, or on such grades as the General Council may hereafter, and from time to time, 
establish; and said railways shall be laid in such manner that the top of the rails thereof 
shall not be higher than the level of the adjacent street pavement. Should the grades of any 
of the streets or parts of streets whereon the tracks shall be laid be at any time or times 
changed by order of proper authorities (the right so to change being hereby conceded), the 
tracks.thereon shall at once, and as often as may be necessary, be taken up and relaid, and 
thereafter kept in proper order and repair, and so as to conform to said grades, at the sole 
cost of said Central Passenger Railway Company, and without any charge upon, or liability 
whatever of The City on account thereof, or for any damages or delays occasioned thereby; 
and all of the work done or to be done, as required in and permitted by this section, shall be 
done subject to the supervision and control of the City Engineer, and in conformity with 
instructions given by him, unless said instructions should be countermanded or moditied by 
special resolution of the General Council, and then in accordance with the provisions and 
terms of such resolution. It is also a part of the terms of these articles of agreement, that 
when, on account of any public work being done, or work for the benefit of the public, such 
as laying gas- or water-pipes, constructing sewers or repairing the same, or building or repair- 
ing cisterns or filling the same, or work at the extinguishment of fires, or any other work 
which would render it necessary or advisable for the cars to suspend running, so as not 
to interfere with, interrupt, prevent, or delay the proper execution thereof; then, on such 
fact being made known, the running of the cars on that part of said road shall be temporarily 
suspended, or be regulated as may be required by the Mayor, the City Engineer, or the 
Chief Engineer of the Fire Department; nor shall The City be in any manner or to any 
extent liable for any loss or damage on account of such suspension. 

Eighth—In the construction of the railway tracks, said Central Passenger Railroad Com- 
pany shall replace the bowldering or paving in the street and keep the street between the 
rails and two feet on the outside of each of the rails in good order and repair, to the satisfac- 
tion of the General Council, so long as said Company shall operate said railways; and if the 
said Central Passenger Railroad Company shall fail to keep so much of said street as above 
specified in good and sufficient repair, or shall refuse or fail to pay into the City Treasury 
the amount of tax or license hereinafter mentioned, to be fixed by the General Council for the 
privilege of using the aforesaid streets and constructing railway tracks as herein agreed, or 
shall fail to comply with any of the stipulations or perform any of the acts in these articles 
of agreement required to be performed and complied with by said Company, The City shall 
have the right to prevent the use of said streets and the railways thereon by removing, at the 
cost of said Central Passenger Railroad Company, the rails therefrom, in addition to the right 


904 APPENDIX. 


to maintain an action or actions on the bond required herein, for a failure to observe and com- 
ply with the terms set forth in these articles of agreement; and when the failure shall consist 
in not making the necessary repairs, as herein agreed to be made by said Central Passenger 
Railroad Company, the General Council, after having given one day’s notice to said Central 
Passenger Railroad Company, shall have the right to cause the necessary repairs to be made, 
and at the expense of said Central Passenger Railroad Company; and for any expenses so in- 
curred by The City in making said repairs, or in removing the railway or railways, The City: 
shall have, and the same is hereby given her, a lien on the aforesaid railway property, includ- 
ing cars, appurtenances, horses, etc., of said Central Passenger Railroad Company, for pay- 
ment of the same. 

Ninth—The said Central Passenger Railroad Company, for the franchises and privileges 
herein granted to construct and operate railways over the streets hereinbefore named, shall 
and agree to pay into the City Treasury of Louisville, each and every year, the sum of 
twenty-five dollars tax or license for each and every car run and used upon their said rail- 
way or railways, or such other sum as the General Council may fix, not less than twenty-five 
dollars, and not to exceed fifty dollars, for each car so used by said Central Passenger Rail- 
road Company so long as said Company shall operate said railway or railways, or the same 
shall be operated by any other Company. 

Tenth—It is further provided and agreed that The City shall not be held liable to said 
Central Passenger Railroad Company for any damage said Company may sustain from the 
breakage of any cistern, sewer, or water-pipe, or from any delay in the transportation of pass- 
engers that may be caused by the construction of cisterns or sewers, or repairing same, or the 
laying of water- or gas-pipes, or repairing same, or from any other delays or damages that 
may be caused by fire or otherwise; but said Central Passenger Railroad Company shall be 
liable for any loss or injury that any person may sustain by reason of any carelessness, neg- 
lect, or misconduct of their agents or servants in the management, construction, or use of 
said railways; and said Central Passenger Railroad Company shall indemnify and hold The 
City harmless from any claim or damages that may be set up or demanded by property- 
holders, or by any person or persons, on account of the laying of the railway track or tracks, 
as herein permitted, or in the use or by reason thereof, or by running the cars thereon. 

Eleventh—The City shall have, and retains the power, at any future time, when, in the 
judgment of the General Council, the public good requires it, to grant a second or third com- 
pany or more companies, or individuals, the right to use any track or tracks that may then 
be laid down: Provided, the expense of the laying and keeping in repair said track or tracks 
(so far as the same shall be used by such different companies or individuals) shall be equally 
borne by all those that shall so use them; but The City shall not have the right to grant or to 
permit to run upon any route already disposed of fora greater distance than one tenth of the 
whole route; and provided that no privilege or right shall be granted to any other company 
or individual to run to the same terminal point over the track or tracks of said Central Pass- 
enger Railroad Company, or such terminal point or points over the track or tracks, other 
than the one tenth of the whole route, but may run upon another street or line to any other 
point. 

Twelfth—In the operating of said railways, the said Central Passenger Railroad Company 
shall be governed by the following rules and specifications, viz: 

1. No car shall be drawn at a greater speed than six miles an hour. . 

2. Cars drawn in the same direction shall not approach each other within a distance of 
three hundred feet, except in cases of accident, when it may be necessary to connect two cars 
together, and also except at stations. 

3. No car shall be allowed to stop on a cross-walk, nor in front of any intersecting 
street. except to avoid collision, or to prevent danger to persons in the street. 

4. When the conductor of any car is required to stop at the intersection of streets to re- 


APPENDIX. 905 


ceive or leave passengers, the car shall be stopped so as to leave the rear platform slightly 
over the crossing. 

5. The conductor and driver of each car shall keep a vigilant watch for all teams, car- 
riages, vehicles, persons on foot, and especially children, either on the track or moving to- 
wards it, and on the first appearance of danger to said teams vehicles, or persons, or other 
obstructions, the car*shall be stopped in the shortest time and space possible. 

6. The conductors shall not allow ladies or children to enter or leave the cars while in 
motion. 

7. Conductors shall announce to the passengers the names of the streets, and the place 
wherever the cars cross in connection with any other railroad track. 
8. The cars after sunset shall be provided with signal lights. 

Thirteenth—Said Central Passenger Railroad-Company shall, within twelve months from 
the date of these articles of agreement, commence and complete the construction of the track 
or railway on Fourth Street, herein authorized to be constructed, and operate the same, (ex- 
cepting that portion south of Kentucky Street, which shall be constructed and operated as 
soon as the street is graded,) and that on Walnut Street within one year from the date of 
these articles of agreement. 

Fourteenth—Said Central Passenger Railroad Company shall, by its President, execute 
and deliver to The City of Louisville a bond, with two or more good and sufficient sureties, 
to be approved by the Mayor and General Council of The City, and to be prepared by the City 
Attorney, binding said Cenrtal Passenger Railroad Company to comply with and perform all 
the terms and stipulations set forth in these articles of agreement; said bond to be executed 
and delivered within twenty days next after the signing of these articles of agreement; and 
it is agreed that these articles of agreement shall not be binding on The City unless said 
bond shall be so executed and delivered as aforesaid, and approved within a reasonable time 
thereafter by the Mayor and General Council of The City. Said General Council shall, on 
the request of said Central Passenger Railroad Company, pass all proper ordinances for the 
protection of the rights of said Central Passenger Railroad Company herein conferred, in 
order to prevent any person or persons from willfully or maliciously interfering with said 
railways, or injuring the property of said Central Passenger Railroad Company within the 
City of Louisville, or unnecessarily obstructing the passage of the cars by teams or vehicles; 
said ordinance or ordinances to be prepared by said Central Passenger Railroad Company, 


e 


and by said Company submitted for passage. 

Fifteenth—The said Central Passenger Railroad Company shall, at any time after the 
completion of the railway or railways on the streets mentioned herein, extend the said lines 
southwardly, eastwardly, and westwardly to the limits of The City, or such future limits as 
may be established, when required thereto by the General Council; and said Central Passen- 
ger Railroad Company shall have the right and privilege to make such extensions in prefer- 
ence to other companies or individuals whenever the General Council shall determine to have 
the same extended in a continuous line; and in making said extensions, and after the same 
shall have been made, and in using the same, said Central Passenger Railroad Company shall 
be governed therein in all respects as though the extensions had formed a part of the original 
streets herein named; and everything in these articles of agreement appertaining to said 
original streets and railways, and running of the cars thereon, shall apply to said extensions, 
the railways on the same, and the running of the cars thereon. It is further a part of the 
terms of these articles of agreement, that should said Central Passenger Railroad Company 
acquire the right of way for their railway or railways outside of the City limits, and the 
limits of The City be afterwards extended so as to include the ground over which said right 
of way has been obtained, and over which the track or tracks shall then be laid or may 
thereafter be laid, and The City should desire to occupy and use said ground or any part 
thereof as a street, the right to do so, and the property in and to said ground is, without any 


906 APPENDIX. 


cost or charge whatever, to be surrendered, so far as said Company has the right to do so, to 
the use and control of The City for street purposes, with as full power, use, control, and own- 
ership in, to, and over the same as The City may have in and over any of the other streets in 
The City; and all of the terms, restrictions, limitations, and provisions of these articles of 
agreement shall apply to said ground or street or streets, the railway tracks thereon, laying 
of same, running of cars thereon, etc., efe., in every respect as to and concerning the other 
streets over which said Company is, by these articles, permitted to run the railway tracks 
thereon, etc., efc.,and as though the right to lay the railway tracks thereon, and to operate the 
same had been originally and exclusively acquired by said Company from The City of Louis- 
ville, and on the same terms as the other streets herein mentioned; nor shall any assigriment 
or*transfer be made of the rights, privileges, or franchises, or any of them, conferred by these 
articles of agreement, unless the assignees or transferees shall first execute and deliver to The 
City a similar bond, with sureties to be approved by the General Council, as is hereby re- 
quired of the Central Passenger Railroad Company, 

Sixteenth—It is further agreed between the contracting parties hereto, that should said 
Central Passenger Railroad Company fail, as specified in these articles of agreement, to build, 
complete, equip, and run said roads within the time mentioned in this agreement, (except for 
such time as said Company may be delayed by military or legal hindrances and obstructions), © 
and equip and run the same, said Central Passenger Railroad Company shall then and there- 
by forfeit the right of franchises herein delegated, and the right of way and tracks, or so much 
thereof as shall then be laid, together with the cars, machinery, and power used by said Cen- 
tral Passenger Railroad Company for running the same. And it is further agreed by and 
between the parties hereto, that any such failure on the part of said Central Passenger Rail- 
road Company shall be damage to The City; and they now agree that the damages so sus- 
tained are and shall be liquidated, and amount to the value of said franchises herein so dele- 
gated, the tracks so by said Company laid, the cars and the power used for propelling the 
same; and for the payment thereof a lien is hereby created and given on all said franchises, 
tracks, railroad cars, and horses used for the purpose of propelling the same; and said lien 
shall cease on the completion of the roads herein contracted to be built, provided the same be 
built, equipped, and run in the time specified in these articles of agreement, with the excep- 
tions herein specified. 

Seventeenth—In granting the franchises, privileges, and rights of way as herein done, it is 
expressly understood and agreed that the same are granted upon the following terms, viz; 

1. That the same are granted only to the extent and effect that The City has the power to 
grant the same. 

2. That no guarantee is made or given by The City of her power or authority to grant the 
same, 

3. That The City is not and shall not be made or held liable if, for any cause, the fran- 
chises, privileges, or rights of way can not be enjoyed as permitted or contemplated by these 
articles of agreement. 

Eighteenth—It is also further agreed, that whenever the General Council may order any 
change of grade or grades to be made, or any street improvement or other work to be done 
which would require a removal of the railways or any part thereof, the same shall, on demand, 
be at once removed by said Central Passenger Railroad Company, and afterwards, in proper 
time, be relaid by said Company; all of which shall be done at their own cost and without any 
charge against The City therefor, and for any delay or damage occasioned thereby; and 
should said Central Passenger Railroad Company fail promptly to remove or relay said rail- 
way or railways after demand as aforesaid, The City shall have power to do the same, and at 
the cost of said Central Passenger Railroad Company, which shall be secured by lien on the 
property, privileges, and franchises of said Central Passenger Railroad Company, nor shall 
The City be held liable for any damage or delay occasioned thereby. . 


APPENDIX. O07 


Nineteenth—It is agreed that these articles of agreement shall be executed and acknowl- 
edged before the Jefferson County Court Clerk, by the Mayor of Louisville, Kentucky, and 
by the president of said Central Passenger Railroad Company, and recorded in said County 
Clerk’s office; and that, whenever demanded by the General Council, the said Central Pass- 
enger Railroad Company, their assignees or transferees, shall furnish to said Council a full 
list of all the stockholders and the nature and extent of their several interests. 

Twentieth—The rights, privileges, and franchises herein contained are granted upon the 
condition that the Central Passenger Railroad Company shall relinquish (which said Com- 
pany hereby does) the right to construct and operate a railway on Seventh Street, from Main 
Street to the southern limits cf The City, as now existing or hereafter to exist; and it is 
agreed that the General Council shall have the right to let out said Seventh Street for rail- 
road purposes, notwithstanding the right so to use said street by said Central Passenger Rail- 
road Company is continued in and conferred by the charter of said Company, approved the 
twentieth day of December, 1865. 


In testimony of all which, the Mayor of said City of Louisville has hereunto signed his 
name as such, and caused the corporate seal of said City to be hereunto affixed, and the pres- 
ident of said Central Passenger Railroad Company has hereto signed his name as such, and 
caused the corporate seal of said Company to be hereunto affixed this the twenty-fifth day of 
January, 1866. 

[SEAL. ] J. 8. LITHGOW, Mayor. 

[SEAL. | J. M. ARMSTRONG, President. 


V. The City of Louisville and the Central Passenger Railroad Company: January 
30, 1884. 


In consideration and in §0mpliance with the requirements of an ordinance, approved Janu- 
ary 25, 1884, entitled “ An ordinance in regard to the Central Passenger Railroad Company, 
granting the extensions of its lines,” we, the Central Passenger Railroad Compsny, principal, 
and A. I. DuPont, and T. J. Minary, surety, agree and bind ourselves to The City of Louisville 
that the said Railroad will, and it does hereby accept the privileges in said ordinance granted; 
and that said Company will build, equip and use the said extensions on the terms, in the manner, 
and subject to all the conditions, provisions, and limitations embraced in their already existing 
contract with The City of Louisville for the Fourth and Walnut Street Roads as though 
the privileges granted by said ordinance, approved January 25, 1884, were embraced in and 
formed a part of the aforesaid existing contract. 

We further agree and bind ourselves to indemnify and hold The City harmless from all, 
costs and damages or liabilities to which she may be subject by suit or otherwise, if it should 
be that The City has no right to confer the privileges in said ordinance intended, on account 
of any contract to which she may be a party, or for any other cause. 


In testimony of which, witness our hands at Louisville, Ky., this thirtieth day of Janu- 


ary, 1884. CENTRAL PASSENGER R. RB. CO., 
By T. J. Minary, Vice President. 
[SEAL. ] AST, DGOPONT, 


de SLD A RY. 


I hereby approve and accept A. I. DuPont and T. J. Minary as sureties in the above 


bond and obligation. 
CHARLES D. JACOB, Mayor. 


908 APPENDIX. 


VI. The City of Louisville and the Louisville Bridge Company: June 5, 1872. 


This contract made and entered into this fifth day of June, 1872, by and between The City 
of Louisville, in the State of Kentucky, of the first part and the Louisville Bridge Company 
of the second part, Witnesseth: That whereas, the General Council of The City of Louisville 
did on the fourteenth day of March, 1872, pass an ordinance, entitled ‘‘ An ordinance to afford 
to the Louisville Bridge Company, to the various railroad companies crossing the Ohio River 
on the bridge of said Bridge Company and to the Union Depot and Transfer Company, proper 
facilities for the transaction of their business.” And whereas, it is provided in the eighth Sec- 
tion of said ordinance “That the Louisville Bridge Company, or the railroad companies now 
“crossing the bridge of said Company,if desiring to avail themselves of the privileges herein 
“oranted, shall, within ninety days after the date of approval of this ordinance by the Mayor, 
“formally accept the same on the conditions provided, and enter, separately, into contract with 
“The City to carry out the intentions hereof.” 

Now, therefore, in consideration of the premises and of the mutual benefits expected to be 
derived by the parties and of the covenants and stipulations herein contained, The City of 
Louisville, her Mayor and Council do hereby consent and agree that the party of the second 
part may construct and operate along Fourteenth Street and along Maple Street, one or more 
additional railroad tracks, connecting their said tracks over and across the said bridge with 
the Louisville and Nashville Railroad Depot and with such Union Depot as may hereafter be 
located and constructed in said City, but on the following express conditions, to-wit: 

1. That the party of the second part shall at all times permit the owner or owners of any 
warehouse, manufactory, lumber yard or other business establishment to connect the same with 
said connection track or tracks along thesame;: Provided, that such owner or owners first obtain 
the consent of the Mayor and General Council of said City to connect said place of business 
by switch or otherwise. 

2. That the party of the second part shall run cars over the connecting tracks, either loaded 
or empty, as may be required, into and out of all such warehouses, manufactories, and places 
of business over the tracks consented to by the party of the first part, and shall receive and 
deliver freight therefrom directly from and into the cars of the party of the second part as 
may be required by the operators of those business places, and no discrimination shall be shown 
in favor of one shipper or receiver over another, but the cars shall be run into and out of all 
such warehouses and places of business as promply as possible and there shall be charged for 
the transfer of such cars between the respective depots at or along the lines described by the 
connecting tracks aforesaid in The City of Louisville and the places where the same are to be 
delivered or received on said private tracks not more than one dollar for each car loaded in 
whole or in part. 

3. That the party of the second part shall at its own exclusive cost and expense keep the 
. streets and public ways in good repair on and along which the said connecting track or tracks 
may be laid and operated. And to enable the party of the first part to improve the said 
streets and public ways, or to construct or repair sewers in, along, or over, or across the same, 
the said party of the second part shall whenever such improvements are to be made, within 
two days after notice in writing signed by the Mayor at its own cost and expense exclusively 
temporarily remove such track or tracks or so protect the same that such improvements to be 
made in any of said public ways shall not be impeded. 

4. That the party of the second part shall at its own cost keep and maintain a flagman at 
each and every intersection of a street crossed by the tracks herein allowed within the limits 
of the said City when so ordained by resolution of the General Council. 

5. That the rate of speed within the limits of The City of Louisville on the tracks herein 
allowed shall not exceed six miles per hour. 

6. That for any damage done to person or property caused by the operations of the cars or 


APPENDIX. 909 


engines of the party of the second part within said City, The City shall not be liable, but said 
party of the second party shall hold The City free and harmless from all claims for loss or 
damage sustained by reason of the operation of the tracks herein allowed. 

7. That the right to connect warehouses and places of business by private tracks or switches 
shall apply to the whole length of the connecting tracks both north and south of Broadway 
Street, the party first obtaining the consent of the General Council. 

8. That the track of five (5) feet guage shall be maintained to the bridge and that all cars 
of the five feet guage or of any other guage, of any company coming in from the South, shall 
be moved to and from the bridge, and to and from all private switches which may be laid, in 
the same manner, without discrimination, as the cars that cross the bridge coming from the 
North. | 

9. That all the tracks and private switches connecting therewith which are laid within The 
City on or along any of the public ways, shall be done under the supervision of the City Engi- 
neer, and that all the repairs of the streets which are to be made by the party of the second 
part shall be done under the direction and supervision of the City Engineer. 

10. The party of the second part will at all times save The City harmless and free from all 
claims for damages on account of delay or stoppage of operation caused by the improvements 
of streets, alleys, e¢c., construction and repairs of sewers, etc. 

11. The party of the second part binds itself to allow any other and all railroads to cross 
its said bridge on equitable terms, which if the same can not be agreed upon between the par- 
ties may be ascertained, fixed and determined by appropriate proceedings before the Chancellor 
of the Louisville Chancery Court, or the Judge ot the District Court of the United States for 
Kentucky. 

12. That the contract existing under ordinance No, 245 so far as the party of the second 
part is concerned is superseded by this contract. 

13. For a violation of any one of the provisions of this contract or of the ordinance afore- 
said by the party of the second part this contract shall terminate and all rights or privileges 
to operate any track or tracks or maintain the same in or along any of the public ways of said 
City shall cross and stand as though said privileges had never been granted. 

In testimony whereof, the Mayor of the said City of Louisville, party of the first part, and 
the president of the Louisville Bridge Company, party of the second part, have hereunto 
signed their names and affixed the seal of each of said corporations, this the fifth day of June, 
1872. JNO. G. BAXTER, Mayor, ; 

[SEAL. ] W. B. HAMILTON. President Louisville Bridge Co. 

A. A. QUARRIER, Secretary Louisville Bridge Co. 


VII. The City of Louisville and the Louisville & Nashville Railroad Company: 
June 12, 1872. 


This contract, made and entered into this twelfth day of June, 1872, by and between The 
City of Louisville, in the State of Kentucky, of the first part, and the Louisville and Nash- 
ville Railroad Company, of the second part; Witnesseth: 

That whereas, the General Council of The City of Louisville did, on the 14th day of 
March, 1872, pass an ordinance entitled “An ordinance to afford to the Louisville Bridge 
Company, to the various railroad companies crossing the Ohio River or the bridge of said 
Bridge Company, and to the Union Depot and Transfer Company, proper facilities for the 
transaction of their business;” and whereas, it is provided in the eighth Section of said ordi- 
nance “that the Louisville Bridge Company, or the railroad companies now crossing the 


910 APPENDIX. 


bridge of said Company, if desiring to avail themselves of the privileges herein granted, shall, 
within ninety days after the date of approval of this ordinance by the Mayor, formally accept 
the same on the conditions provided, and enter separately into contract with The City to 
carry out the intentions hereof.” 

Now, therefore, in consideration of the premises, and of the mutual benefits expected to be 
derived by the parties, and of the covenants and stipulations herein contained, The City of 
Louisville, her Mayor and Council do hereby consent and agree that the party of the second 
part may construct and operate along Fourteenth Street and Maple Street, and along Tenth 
Street, from Maple Street to Oak Street, thence along Oak Street eastwardly to the line of 
the Louisville and Nashville Railroad, thence parallel with said road southwardly to the 
Southern Stock Yard, with the privilege of crossing all public streets and alleys intersected 
by said route, one or more additional railroad tracks, connecting their said tracks over and 
across the said bridge with the Louisville and Nashville Railroad Depot and with such Union 
Depot as may hereafter be located and constructed in said City, but on the following express 
conditions, to wit: 

First—That the party of the second part shall, at all times, permit the owner or owners 
of any warehouse, manufactory, lumber-yard, or other business establishment to connect the 
same with said connection track or tracks along the same; provided, that such owner or 
owners first obtain the consent of the Mayor and General Council of said City to connect 
said place of business by switch or otherwise. 

Second—That the party of the second part shall run cars over the connecting tracks, 
either loaded or empty, as may be required, into and out of all such warehouses, manufac- 
tories, and places of business, over the tracks consented to by the party of the first part, and 
shall receive and deliver freight therefrom directly from and into the cars of the party of 
the second part, as may be required by the operators of those business places, and no diserimi- 
nation shall be shown in favor of one shipper or receiver over another, but the cars shall be 
run into and out of all such warehouses and places of business as promptly as possible; and 
there shall be charged for the transfer of such cars between the respective depots at or along 
the line described by the connecting tracks aforesaid in The City of Louisville and the places 
where the same are to be delivered or received on said private tracks not more than one dol- 
lar for each car, loaded in whole or in part. 

Third—That the party of the second part shall, at its own exclusive cost and expense, 
keep the streets and public ways in good repair on and along which the said connecting track 
or tracks may be laid and operated; and to enable the party of the first part to improve the said 
streets and public ways, or to construct or repair sewers in, along, or over, or across the same, 
the said party of the second part shall, whenever such improvements are to be made, within 
two days after notice in writing, signed by the Mayor, at its own cost and expense exclusively, 
temporarily remove such track or tracks, or so protect the same that such improvements to 
be made in any of said public ways shall not be impeded. 

Fourth—That the party of the second part shall, at its own cost, keep and maintain a 
flagman at each and every intersection of a street crossed by the tracks herein allowed, 
within the limits of the said City, when so ordered by resolution of the General Council. 

‘Fifth—That the rate of speed within the limits of The City of Louisville, on the tracks 
herein allowed, shall not exceed six miles per hour. ? 

Sivth—That for any damage done to person or property, caused by the operation of the 
cars or engines of the party of the second part, within said City, The City shall not be liable, 
but said party of the second part shall hold The City free and harmless from all claims for 
loss of damage sustained by reason of the operation of the tracks herein allowed. 

Seventh—That the right to connect warehouses and places of business by private tracks or 
switches shall apply to the whole length of the connecting tracks, both north and south of 
Broadway Street, the party first obtaining the consent of the General Council. 


APPENDIX. 911 


Eighth—That the track of five (5) feet gauge shall be maintained to the bridge, and that 
all cars of the five-feet gauge, or of any other gauge, of any company coming in from the 
south shall be moved to and from the bridge, and to and from all private switches which may 
be laid, in the .ame manner, without discrimination, as the cars that cross the bridge comin 
from the north. 


. 
oO 
S 


Ninth—That all the tracks and private switches connecting therewith which are laid 
within The City, on or along any of the public ways, shall be done under the supervision of 
the City Engineer, and that all the repairs of the streets which are to be made by the party 
of the second part shall be done under the direction and supervision of the City Engineer. 

Tenth—The party of the second part will at all times save The City harmless and free 
from all claims for damages on account of delay or stoppage of operations caused by the im- 
provements of streets, alleys, efc.; construction and repairs of sewers, etc. 

Eleventh—The party, of the second part binds itself to allow any other and all railroads 
to cross the said bridge on equitable terms, so far as it has control of the same; such terms, 
if the same can not be agreed upon between the parties, may be ascertained, fixed, and deter- 
mined by appropriate proceedings before the Chancellor of the Louisville Chancery Court or 
the Judge of the District Court of the United States for Kentucky. 

Twelfth—That the contract existing under ordinance No. 245, so far as the party of the 
second part is concerned, is superseded by this contract. 

Thirteenth—For a violation of any one of the provisions of this contract, or of the ordi- 
nance referred to in the first Section hereof, by the party of the second part, this contract 
shall terminate, and all rights or privileges to operate any track or tracks, or maintain the 
same in or along any of the public ways of said City, shall cease and stand as though said 
privileges had never been granted. 

In testimony whereof, the Mayor of the said City of Louisville, party of the first part, 
and the President of the said Louisville and Nashville Railroad Company, party of the second 
part, have hereunto signed their names and attached the seal of each of said corporations, on 
the day and year first above written. 


_ [SEA.L] LOUISVILLE AND NASHVILLE R. R. CO., 
By H, D, Newcomb, President. 
[SEAL.] CITY OF LOUISVILLE, 
By John G. Baxter, Mayor. 
W. RANNEY, Secretary. 


VIII. Sinking Fund and Louisville and Nashville Railroad Company: Septem- 
ber 7, 1882. 


Pursuant to an act of the General Assembly of the Commonwealth of Kentucky, Chap- 
ter 104, entitled “An act authorizing the Commissioners of the Sinking Fund of The City of 
Louisville to secure the payment of eight hundred and fifty City of Louisville coupon bonds 
by accepting in pledge from the Louisville and Nashville Railroad Company a sufficient num- 
ber of United States bonds to meet the same, principal and interest, at maturity,” approved 
February 1, 1882, amended by an act, Chapter 555, approved March 24, 1882, and a resolu- 
tion unanimously adopted by the Commissioners of the Sinking Fund August 8, 1882, the 
Sinking Fund Commissioners of The City of Louisville do hereby accept and acknowledge 
to have received from the Louisville and Nashville Railroad Company, in pledge and as 
security for the payment of interest and principal of the said eight hundred and fifty City 
of Louisville coupon bonds, a deposit of eight hundred and fifty thousand dollars ($850,000), 
in United States bonds; and said Sinking Fund Commissioners hereby surrender to it the 


912 APPENDIX. 


stock issued by the Louisville and Nashville Railroad Company on account of the issue of 
said eight hundred and fifty bonds to the Louisville and Nashville Railroad Company, and 
have caused said stock to be transferred to said Louisville and Nashville Railroad Company, 
and hereby release said Company from all claims of stock and increase or dividends thereon, 
in virtue of an ordinance, No. 265, approved the thirteenth of November, 1855, and the con- 
tract made between the said Company and The City of Louisville, dated sixth of May, 1856. 

The said Commissioners shall collect the coupons for interest on said United States bonds 
and pay the same to the Louisville and Nashville Railroad Company as collected. The 
Louisville and Nashville Railroad Company is to continue to pay the interest on said eight 
hundred and fifty City bonds to the Commissioners of the Sinking Fund, as heretofore, and . 
the principal at maturity; and if said Louisville and Nashville Railroad Company pay and 
surrender any one or more of said City bonds before maturity, said Commissioners will sur- 
render to said Louisville and Nashville Railroad Company a like amount of said United 
States bonds, and when the whole of said City bonds, principal and interest, shall have been 
paid by the Louisville and Nashville Railroad Company, the whole of said United States 
bonds shall be surrendered to it. 

The foregoing pledge is accepted by said Sinking Fund Commissioners as a pledge in lieu 
of the stock mentioned in the contract made between the said Louisville and Nashville Rail- 
road Company and The City of Louisville, dated sixth of May, 1856, pursuant to an ordi- 
nance of said City of Louisville, No. 265, approved thirteenth of November, 1855. 

In testimony whereof, the president of the Commissioners of the Sinking Fund and the 
Mayor of The City of Louisville and the Louisville and Nashville Railroad Company, by its 
authorized officer, have here signed this writing, and caused their corporate seals to be affixed, 
this, the seventh day of September, 1882. Executed in duplicate. 

[SEAL. ] COMMISSIONERS OF THE SINKING FUND, 

By James Trabue, President. 


[SEAL.] THE CITY OF LOUISVILLE, 
Per Charles D. Jacob, Mayor. 
[SEAL. | THE LOUISVILLE AND NASHVILLE R. R. CO., 


By A. M. Quarrier, Asst to Pres’t. 


IX. The City of Louisville and the Louisville Water Company: September 14, 
1881. 


This agreement made this fourteenth day of September, 1881, between The City of Louis- 
ville of the first part and the Louisville Water Company of the second part; Witnesseth: That 
whereas, by a resolution of the General Council of The City of Louisville, approved September 
2, 1881, the Mayor of said City was authorized and directed to contract with the Louisyille 
Water Company for furnishing the fire cisterns and City buildings (City Hall, Station-houses, 
Hook-and-ladder and Engine-houses,) and hydrants with water, upon the basis set out in a 
written communication from the Water Company of date 27th August, 1881. Now, there- 
fore, the party of the second part agrees and binds itself: First, to furnish the City Hall, 
Station-houses, Hook-and-ladder houses, Engine-houses, and hydrants with water, and to 
measure the same by meters to be furnished and kept in order by the party of the second part, 
a meter at each of the hydrants, City Hall, Engine-houses, Station-houses, and Hook-and- 
ladder houses, where water is used by the party of the first part, and to charge for such quan- 
tity of water, per each meter, only as said meter shall register. The bills showing the 
quantity measured by said meters respectively to be made out at the end of each year, and the 


& 


APPENDIX. 913 


party of the first part agrees and binds itself to pay for such quantity of water as may thus 
be delivered to it the following prices, as per each meter: 

For the first’5,000 gallons or less daily, 15 cents per 1,000 gallons. 

For the second 5,000 gallons daily, 14 cents per 1,000 gallons. — 

For the third 5,000 gallons daily, 18 cents per 1,000 gallons. 

For the fourth 5,000 gallons daily, 12 cents per 1,000 gallons. 

For the fifth 5,000 gallons daily, 11 cents per 1,000 gallons. 

For the sixth 5,000 gallons daily, 10 cents per 1,000 gallons. 

For the seventh 5,000 gallons, daily, 9 cents per 1,000 gallons. 

For the eighth 5,000 gallons daily, 8 cents per 1,000 gallons. 

For the ninth 5,000 gallons daily, 7 cents per 1,000 gallons. 

For the tenth 5,000 gallons daily, 6 cents per 1,000 gallons. 

For all additional quantities per 1,000 gallons 6 cents. 

The meters to be furnished and attached as soon as the same can be properly done, and 
within one year from January 1, 1882, but in the meantime the present rate to apply as per 
existing contract until the meters are attached. ; 

Second—The party of the second part, whenever it elects so to do, furnish the public cis- 
terns with water and to measure the same by meters to be furnished and kept in order by the 
party of the second part, a meter at each cistern where water is used by the party of the first 
part, and to charge for such quantity of water per each meter only as said meter shall register. 

The bills showing the quantity of water measured by said meters respectively to be made 
out at the end of each year, and the party of the first part agrees and binds itself to pay for 
such quantity of water as may be thus delivered to it, the following prices as per each meter: 

For the first 5,000 gallons or less daily, 15 cents per 1,000 gallons, 

For the second 5,000 gallons daily, 14 cents per 1,000 gallons. 

For the third 5,000 gallons daily, 13 cents per 1,000 gallons. 

For the fourth 5,000 gallons daily, 12 cents per 1,000 gallons. 

For the fifth 5,000 gallons daily, 11 cents per 1,000 gallons. 

For the sixth 5,000 gallons daily, 10 cents per 1,000 gallons. 

For the seventh 5,000 gallons daily, 9 cents per 1,000 gallons. 

For the eighth 5,000 gallons daily, 8 cents per 1,000 gallons. 

For the ninth 5,000 gallons daily, 7 cents per 1,000 gallons. 

For the tenth 5,000 gallons daily, 6 cents per 1,000 gallons. 

For all additional quantities 6 cents per 1,000 gallons, but in the mean time the rate per 
cistern to apply as per existing contract until January 1, 1882, and thereafter the rate per cis- 
tern shall be at the rate,of twenty-five dollars each per annum until the meters are attached. 

This contract to be modified from time to time so far as the rates herein specified apply for 
furnishing water by meter;measurement if and as the meter rates are lessened, but in no event 
to be increased. 

The bills estimated fram the meter measurement shall be rendered annually and from said 
bills there shall be deducted thirty perv cent., and the bills at the rates otherwise specified 
herein shall be rendered annually after January 1, 1882; except the bills for 1881, and from 
said bills there shall be deducted thirty per cent., and this contract and agreement to last and 
be in force for ten years unless abrogated, altered or changed by the parties hereto, 

In witness of this agreement The City of Louisville by its Mayor and corporate seal, and 
the Louisville Water Company by its President and corporate seal, have here signed this 


writing. 
[SEAL. ] ' THE CITY OF LOUISVILLE, 
By John G. Baxter, Mayor. 
[SEAL. ] LOUISVILLE WATER COMPANY, 
Attest: W. P. McDowE 1, Treasurer. By Chas. R. Long, President. 


58 


eed : 


, j 4 
wy o> ee . 
° hy acta 


Y Gay Si 
pore ae 


INDEX. 


¥ 


cA” STREET, PAGE. 


right of way through granted to the Chesapeake, Ohio and Southwestern 


Railroad Company 563 
ABATEMENT OF NUISANCES. See NUISANCES. 
ABATEMENT OF TAXES. See TAxzs. 
ACRE-PROPERTY. Sce AssESSMENTS. 
ACTS, 

as contained in Elliott’s digest, 2 

prior to the City charter, 2 

amendatory of the charter, 3 
submission to popular vote, 3 
how embodied in charter, . 3 
convention of delegates may prepare, . 3 

conflicting with the charter repealed, ; 4 

charter and amendments authorized to be pablished, 4 

AGLIONG ALT LAW; 
. authorized between The City and Jefferson County,........... 174 
ADJOURNMENT, 
Peep eenern | Wounell:.. eras trey aa ee oA De ec To ee BAd 
ADVERTISING, OFFICIAL, 

Le Pernone- by Dewenapors-GuLy Glecied, -15.19,9 2 aa lage se ek ew ae 6 
aielchat uwo. newspapers: to be elected: 5 kf inies et Ge GE ss. 6 
qualifications, 6 
rates chargeable, Tee rere Pui es ony ane ast vg oe ke 6 
Ral wtir OSE he Tabs, yee. ld clare ee me ete ce ey BS 6 

of delinquent-tax list, 6 

election of papers to do, : 7 
‘silks WPPREWAG Mg eon, Asta be Bg ccc) Cole are mn Se a Se ako cea oY 
affidavit to accompany bill, . ; x 

Oiew ater Companys rules and regulations, po. ey. FS wes ot 856 

AFFIRMATION, 
by City officers, instead of oath,. . 2... . mas abe ed eer 46-F 
Dyeidernen as Members Of.8 COUT, 01-8 18. son a 3 har nira ya! 
ALARMS, FIRE, 
fine for intentionally creating false, ..... Ba cares Ue meee ea trea ahd 


See FIRE ee a MENT. 
ALDERMEN. See Boarp or ALDERMEN. 


ALEHOUSES. See CorrerE-HOUSES. 


ALIENS, 
conditional registration of, ......,. wala cht) ce Abie ate a, BS 7 


SEc. 


38 


aOonrw kk -» SB ow bd 


11 


or) NO ee 


oo 
—) 


~] 


918 Aree INDEX. 


ALMSHOUSE, 
controlled and managed by the Charity Commissioners, 
children in may be apprenticed, . 
reports of Superintendent, 
bonds to-build, suthonizeds le een eee 


ALLEYS. See Pusiic Ways. 
AMENDMENTS TO CHARTER. See Acts. 
AMENDMENTS TO ORDINANCES. See ORDINANCES. 


AMOTION, ; 
by the Board of Aldermen as a court, 
ANIMALS, 


unhealthy or unsound, shall not be sold for slaughtering purposes, 
unhealthy or unsound, shall not be bought for slaughtering purposes, 
shall not be slaughtered, dressed, nor hung in a public way or place, 
shall not be slaughtered while in a feverish or heated condition, ..... 
shall not be slaughtered, skinned nor dressed in markets, . 
running at large, may be taken up and sold, 
dead, may be removed only by contract with The City, 
APPEALS, 
from decisions of the Louisville City Court, 
from Mayor’s order dismissing a policeman, 
APPORTIONMENT, 
list of property-owners liable for costs of improvements to be ascertained by 
Council, 2, ey ee ec ae cane 02 cee eens 
See Pustic WAYS. 
APPORTIONMENT WARRANTS, 
clerk of Board of Councilmen shall make out, 
registering of, . Chet cs ee inn 
persons holding shall report payment of ike 
See PuBLIc WAYS. 
APPRENTICESHIPS, 
from the City Almshouse, . 
frem the House of Refuge, 
ARBEGUST AVENUE, 
G. C. Buchanan authorized to operate a railroad track on, 
ARCHITECTS, 
who deemed, for license purposes, 
rate of license, ; 
fine for not procuring license, . 
ARREARS. See Taxes. 
ARRESTS, 
with and without warrant, . 
ASSESSMENT, | 
shall be: made by the w\ssescor [ce 22.2: a oer tye 
shall be of all lands, improvements, personalty, and investments, . 
shall be as of September first each year, 
mistakes in shall not impair them, . 
preparation and facilities for, 


PAGE. 


v1 
110 
112 
247 


876 


SEC. 


2 
Et 
12 


i) 


ge 


QO o> He He 


INDEX. 


ASSESSMENTS (Continued). 
accuracy and certainty in required, 
of property which has been sold for taxes, 


blank form to be used by Assessor in taking, list of property for, 


ROW IA Nee ODO VLIIEG Olly i: 7 oe ee GWE vine wsl-vrea yee a lane 
See TAXES. 
ASSESSMENT BOOKS, 


RIGS ETAALATIN Ian el selciartte Ae ird Ue ace a ct APOE «AO re oats 

HOTS A ha epee, = et Ae Mi MORI al UU ae A at i a ee i ee 
ASSESSMENT MAPS, 

shall be used to identify property, .........-. 

correct reference to sufficient to identify Dennehy. ; 
ASSESSOR, 

PO Wreieered eens) i ig a. Oe 

LL CRCOL OC alge ll ltt EP a Des 4 

ila) MTG QSRERSTL ON TS et oe uh Ps, eum ven ge eh ee ng eek Ga 

compensation, 

MiewMIAnte Owe. yk) a. et Ee eee 


clerks and draughtsmen, 

shall list males of age, 

duties as to assessment books, 

shall view land and improvements, ; 
shall go upon premises to assess goods and phair 
lists returnable to by property-owners, 


SAY PACTSLOP CEL iri. ioe 2 aN val aye 
may assess without returned list, ©... 1% 2... 


shall prepare blanks, ; 
may remonstrate if dissatisfied aa lists, 


duties in ascertaining changes in ownership of property, .. . 
how shall assess property of heirs, devisees and others, . 

how shall assess property of joint-owners, ..... 

how shall assess particular estates, . . . . 

duty as to taxable property not listed, ........ 

aupy. ps to-record. of sules:for taxes, ~... . 2°." %iet Go 

shall keep record of City deeds, .. 2... 2... 

shall keep a register of real-estate transfers,. . . 

SEE ORRORROLEIN- EG!) Gc c 4 Slot al tn Moke eat 

oath... oe Sir FAT FS ae Re Sa ies oe eS) BEL Mi 
fine for defacing or destroying maps,.eie., OF 68. se yk 
PPE SeDECH CHEUNG UES 2 Oe cnr 3 SOc oe Cather es Me) ot ts a. Axi Why 
SAMMI VONDONC. 6 WSC ae el rk curs ees 

compensation fixed by Gonnai. EO Pig grrr 
TAMARA ietie Peel ee aes ee eo Nt ie gs Me cd 
ice PRET ART OUILOUNS Acie cielo lit) ak Mh ea SE pas ae 2 ats Ts 
Bi iA een AS PERCE DO ste RO len aw. oto yo 
making or permitting false entries in books, 

BOM GOULOU ts fo Fc) ksh hota a 

BRU ise Us, : 


has no power to series or alter bills in hands of the Receiver until author- 


ized by Mayor and finance committee,, ....... 


PAGE. 


11 
12 
887 
888 


919 


SEC. 
10 
14 
48 
49 


or 


wos = =P) 


Co OO 


SoCoOmOnmDOonoo®d oo KS Ww 


10 


Or Rm Ww bd tb 


oo bo 
Co he 


_ 
— 


920 INDEX. 


ASSESSOR ( Continued). Page. SEc. 
duty of as to applications for changes in bills, . 632 12 
shall correct erroneous assessments, 773 9 
shall give notice of corrections, 7738 a 
liable to City for loss of lien, 773 9 
complaints as to assessments to be filed vue 774 10 
shall make out tax-bills every December . 775 11 
shall list bills. with Tax Receiver, 775 11 
reductions by Board of Equalization shall is centicd i : 776 4 
shall issue new bills after reduction, 776 14 
office, laws regulating, . Z 786 31 
form of blanks to be used by in puis Te oft proper eS te ety eo 48 
how blanks to be filled out,. . .. . 7. eeuoou 49 
shall cause the penal clause of the tax lave te mA panied on the reverse ce 

of assessment blanks; 8 20 ye ec ae en ee era 49 
shall ‘report liability 10: pay bead-tax;”. 9". 9) acre een ut or ean ee ee 50 

ASSISTANT ASSESSORS, 
nomination ‘and election; >.) sess ea eke ee CO eee 51 
number and duties,’ ) he. 120-5 <a, ST ale tera a Dd 51 
bonds and oath, 6. os RS ne ae en ce ge ee ee 52 
Salaries, oie S. Se ca Re we et, Lean eee ee er ee Sn 53 

ASTROLOGERS, 

: annual license," <'.—.) 25 0s) Us, sates fam fe arent ea a 0 ee 22 

fine for Not. Paying, “Aly ul bo ea ee saeco, aetna poe 22 

ATTORNEY, CITY. See Ciry AtTToRNEY. 

ATTORNEYS-AT-LAW, 
exempted’ from paying license,” 7g aes Oe atl nee as ann ens 9 

AUCTIONEERS, 
required to: enter into bonds si 4 hos ie soe ae ts 20 
HCense, as Se a Wehr Oe Py Suen er eye geste NS. 23 
classified for lights PUTPOSES 0 Fs OF ee ee ee aaa ae ei celeka lee ee eae 23 
finé,for violating license law,..) <*. Gie. =e antes spn 23 

AU DITOR, 
shall draw all the warrants on the Treasurer 9< io. ae ee ee ee 1 
keep a register pf warrants, os) peer. cote ps eg i 
report at each meeting of the Cee stp pe 4s Reade Ok aie atten Me ema bet Lee 2 
place credits to proper accounts,. .. . UA RUM a are aC 3 
examine, audit, and adjust claims against The City ne, AON aan geeks hae aL 4 
present claims tothe Council, = [Ss sm. o..) pace sn) eee ge 4 
reporte;:of to ‘Councils feet Boe ce Pe tat a te oe 5 
shall give notice of officers’ icine MONET er Ph tnt deo et vi, tn EAE 6 
to! be general accountant of Uhe City,” °F a5 0. meee eer ee ee 7 
how, books .of tobe Kkeptyiet 05 gs0 Git ec ee eto ee aks ese ee 7 
may inot.draw gaveon certificate. mus, ) Je gece 2 ey ee 8 
bill-book of} sta)is cS ee) Ne ce Ses Pe a ee aS 9 
delivery over of records, ..... : CER Gate een BELO 10 
shall issue warrants on presentation bf anitanese of clans -2 oat ees Le 18 
take receipt of claim-holder on issuance of warrant, ........... 158 18 
file recéipts*and ‘claitis; =.) .)05 en ese s See) ee ee Eee ene a ce 13 


INDEX 921 
AU DITOR ( Continued). PaGcE. SEc. 
shall issue no warrant except in conformity with ordinance, ... .. . . 154 15 
no money shall be drawn from the treasury save on warrant of, . . . . . 35] 19 
lists of lessees of market-stalls to be furnished, ...... ..... =. 482 5 
ROTEL AERC OY en Boe Bite) 03 gw 0 a ee Os geen, Pete LEMS 2a ee tie pees AOR 1 
Guten sant Unrod LITO, «9 a me, wit ab ea a gente gana te tay 465 2 
eel wee Le COMMENSALION "see bl ye othe Me ty a bi ie fe oko. ABB 2 
CURIE TTEMM Tg Vrs ig “eh Sea var, UCR nee Re AT LAA, Shee. Neti (oye the eS AO 3 
vacancy.in office, ..... Siete Cen e Minds Ae ae aU ee eee she G44 OQ 4 
shall take oath as pr Barbed: Se ed ee aed Pee eT Me oS eo Bn ABT 5 
NOUREOL MAKI Ne, talee ONLTIC Ml, BENGICY: Use a Geutritae) ter tet Jettse 4) 2, 9 408 6 
Teer Or Os LETC. i's bts Alo Es Ieee ae ie ede tes Tee oo APD 22 
ECE 2 er ee a eee a 2 Seve a eS eS Rewer et nk 214 33 
shall be fined for failing to lay Tek rere statement before the Council,. . 821 8 
AWNINGS, 
RMUMEra Doni enani Gs Hes CONCErniriay 4 108 tek teil Mite ae be eae Res aa ee L , 
BACK-TAX COLLECTOR, 
STICMCR IG LESTIORIS Soa? Sith oe Reh ROAST ce OMe ene re RYE. eet ee A ale eo are LOO 28 
BACK TAXES. See Taxzs. 
BAIL, 
AU mpgME OLD y LOWS vile Citys COUTt maior) une noe le tee uty foie ae Tel eas DOL 35 
BALLS AND DANCES, PUBLIC, 
SURE ROL OUT LINO fen pioulid yatta Iw dc Pas aie ee etal ve Wot os, agen ee. ta 418 83 
ere A cr he ee Wether ae rete | OE eR Rae ae eee ee, ee ALS 83 
My GEL OWOEAL LOson tare ie Miah cared At Le, te they ta With c. AY epa. yo) 4:18 83 
fine for not complying with sae sya ee AMPA Der ehh Gehe a Sin ee ah ead SES 83 
BANKS, 
imearporated required Lowey NCONSG, Tire we cei. AW ulino aay arnt Gaim eee aoe 400 24 
PRUGEM RDO VAteEY Goa tans te & ar OR RTO Ee eye Ate 2 et, Citas hs Sod 408 24 
iiteg hon ctot, PVN Mn ieaweat ah ope eer blir seen ene ose AL ear er ryt eo AOS 24 
BANK STREET, 
right of way through granted the Central Passenger Railroad Company, . 622 140 
BARGES, 
Ste Pier na Deena EE A NT CAG Mio! \ deve cal wee mee eMMemee tape tsk xn” of tel ae Nig. ee ee OTL 35 
BARRETT AVENUE, 
Tae Dee Nem erhOad ChANDCO Oc ep e Maier seater k  . \Suet! hero vw et OOL 81 
BARRIERS, 
duty of City Engineer as to erecting in public ways, ........ . . 220 11 
responsibility for insufficient, 221 15 
BAR-ROOMS. See Corrrer-Hovwuses. See Liquor DEALERS. 
BASINS, 
power of Council in reference to, ... ... (Mas ODO 22 
grounds bought for City basins may not be tad Ge canon ae Burha age, . . 495 6 
catch-basins, fine for throwing substances into, ......-........ 690 15 
BATHING, 
Det ieGity limits curing fixed nours, fine, for, .-° . vs. . eee oS OT] 2 
BAWDS, 
certain class of may be sent to St. Xavier Institute, .......... . 185 54 


992 INDEX. 


BAXTER AVENUE, 
Bardstown turnpike named, 


BEARGRASS CREEK, 


bed of may be used by Louisville Water Power and Canal Company, . 


bridges over may be built at the cost of The City, 
old bed of, bonds to pay cost of draining, . 
bathing in during certain hours prohibited, . 

Council authorized to obtain title and possession of, 
Council may fill up or improve, 


BEER SALOONS. See CorreE-HOUvusEs. 

-BELBS, 
ringing with intent to create a false alarm of fire, 
ringing to give notice of auction regulated, . 
ringing of church and fire bells restricted, 


BENEVOLENT INSTITUTION. See Cook BENEVOLENT INSTITUTION. 


BENZINE, 


storing and keeping may be prohibited or regulated by the Council, 


BENZOLE, 


storing and keeping may be prohibited or regulated by the Council, 


BERTRAND STRERT, 
deseribed and named, 
BICKEL AVENUE, 
name of Mary Street changed to, 
BICYCLES, 
use of repulateds ici, ate nets weed cain an renee 
fine for violating ordinance concerning 


Ss? 
BIG MACK AVENUE, 
described and named, 


BILLIARD TABLES, 
kept for profit, shall pay license, 
Classes and rgtes, 4 ake Naot ae 
fine for non-compliance with tee law, . 


BILL-POSTING, 


without consent of owner of house or fence shall be fined, 


of indecent advertisements,. ... ., 
BILLS, TAX. See Taxus. 
BITCH-DOGS, 
running at large prohibited, 
BOARD OF ALDERMEN, 
legislative provision for a, 
qualification of members, . 
elections and terms of members,. .. . su 0e DEMS Baye 


ean not originate, but may amend pr PG oe for raising money, . 


Clerk of; duties, penalties, and bond, 
BULATY, sind Yoke cans een tabs EO see eee Des Ce i ees 


sitting as a court, may remove executive and ministerial officers, 


serpeant-at-arms, salary, 9.0. Gils a onnc tae « 
page, salary, 


PAGE. 


531 


85 
167 
243 
271 
862 
862 


SEc. 


77 


= 
mo PE PU NS Kee So) 


Ce OD 


9 


bS bo CO 
Or or lo 6) 


bo 
Cn 


~1 


398 


oo 


INDEX. 993 


BOARD OF ALDERMEN (Continued). PAGE. SEc. 
president of, a member of Board of Police Commissioners,. . . . . . . . 480 1 

a member of Board of Commissioners of Sinking Fund,. . . . . . . 692 a 

SEG eIeeL ORT OL. DXUAITZACION, wie ais thee woluuisine Pilla Pec TO 14 


See - GENERAL COUNCIL. 
BOARD OF COMMISSIONERS OF PUBLIC CHARITIES, 


establishment of . . . PRUE ALS ed arse HU aor yee er eM Ma Fae! a) LPB 1 
BlGen Ol SINC UR LUILCALIONS. - 's oot ive WAlgehs hie arm RM GMCS Rd yet 5: Gee's!) LOS 1 
SEeRREPenIC ME Wy RPUOPUL EY LIV «, Cv Sip. sie Seuss eg Oe bray way beg Rn aN Bs) OO 1 
POTEAU yt ore ast £Ce MY ps rene We A Sede ae ep oka e416. 8S 1 
EC CLGH GANTT me Sea. 85, )5* yb) ar cb) SyPe up May ie gdee ae neld) Laos la Mel ney anh icy, | OO 1 
have management of all City charitable and reformatory institutions, . . . 91 2 
appoint and govern officers and employes of institution, ......... QM 2 
ee teri Cen tOTce PY LA WE. Suki t Noes Wie ah oak kee. God were oi. OL 2 
Cause o1ncers to compel Inmates tO WOrks winch, Kereta @ calhalks ease ee (04 3 
(hte cee fits CONT PRAln COs") came Foy sie ee Gs cal, FEREOM Aed 94 3 
shall not be interested in contracts for supplies to institutions, . .. .. . 96 4 
shall report violations of law by fellow members, . .-. «0.0. 1. 3 pe. 96 4 
Mon peranipenamnyros declared -vacahle: 44. yay ao 4 ode el eae ae Ar 596 4 
may grant the use of Hospital to Medical Colleges, . . .-. .... 2... 2%. 101 6 
appoint clinical lecturers, . SR ees Cr Seats OS gE Oe nas NR Reva bee eg ca, tO 6 
appoint visiting and consulting surgeons and resident graduates, . Zi ge bee LO 6 
shall not render The City liable beyond appropriation,. . ........ 102 7 
shall not use or direct convict labor so as to compete with labor outside the 
PVN OT IRCVISO 5 tO titre tee ore teat gen. Ie LCE ie eake DELP Mr en Fle £4 D9 9 
shall cause Workhouse convicts to role on pone aeoTene OTL hee eee LS 9 
BOARD OF COUNCILMEN, 
Peer TetAGEW Ih: PIREO Le)0d) SLOT tee Ra atl Be Gee Lan ye a Pena ce ee et SY OOS 1 
CUM mop MOTB LOL MGM Delis s,s pisest ad slvr satatt sccm |. Meany ree OOO 1 
Breotratia lc Mer sre hse nate oa bee tot el fe eae awe ets ad t.. O4D 12 
propositions for raising money Buu OLIGO ers Peale yt eke ter sate. B48 16 
Clerk of; duties, penalties, and bond, . . PP oky Aon Acne an ca ah a ages 50 30 
See GENERAL COUNCIL. 
BOARD OF ELECTIONS. See Evection Boarp. 
BOARD OF EQUALIZATION, 
shall act upon complaints made through the Assessor, 174 10 
may approve, increase or reduce assessments, 774 10 
of whom shall consist, 774 10 
Board of Aldermen to elect, Mit Se 774 10 
may be removed from office by General Council, ... . 774 10 
vacancies, how filled, 774 10 
compensation, . .. . 774 10 
PSOUIMer See Une eLUT Cire he aut ate nee ae dS 774 10 
non-election of or failure to meet Pate all not peaudats tax-bilis, 774 10 
journal of proceedings, . . . 3 Tae ERE ee 774 10 
failures of to act in the years 1876 to 1882, dace rare rok 775 12 
For arrears up to 1883, 
Board.of Aldermen shall elect, 776 14 
compensation andoath,. . .. . 5 aoe 776 14 
quorum and sittings, 776 14 


924 INDEX. 

BOARD OF EQUALIZATION (Continued). PAGE. 
VACANCIES, 2. Deh MS US Ne aie eb ewer geek Aes SRY Cd 
powers Ane CUaties, er ot teensy aa a 2 et GE 
official acts of an irreg clartysponetiearad Goua of 1882 Terie walla. ~eITOT 
powers of as to assessments of 1883-4,. ........ 787 
delinquents of 1883-4 may appear Fifer te ae : 788 
may hear complaints as to assessments for 1883 onc 1884, 788 

BOARD OF HEALTH, 

authority for, establishtnentsoF 58) beaica ae ation vena’ tian taal et geen nee” ee een Te 
City officers who-shallybe*membersy:), eae utes bap aknw ce eee ess 363 
regulation of to be-by-ordinance %. .-s00.8 ener ens non cae re) oe ee OR 
shall see that all sanatory ordinances ‘are enforced 79.1.0, A902 295 2. Le ean be 
shall recommend ordinances as to nuisances, efe., ...-....-...-. 3868 
shall recommend ordinances as to es of drugs and medigiiés, ¢tc..20 paket Ge 
Board ‘established, 3.0%) a) Ey AE eh i oy eee tle olet. 
members to be aheke by Coane gE EE Fe A) oe a See ey 
term ‘of. members;; 2 2 7isL AE) 8) bo OPO eee one on ee) eae em I 
members shalliserve without pays. 2 kv ee. eee ee ee ene ee eee OS 
shall elect ‘a president, *. 4.25, 262 9s tical ae 2.0 ie alah) ome i a cd a ene eee ee Be ee 
secrotary ob) fagine-t: pies WRAY Ed OS tes he FEM EN aan! Pani aes ie, CM SR 
general duties of the Beara! oa Nee ban are arte Me EON a Ne Bt iy, da ke er, ae 
shall furnish yellow flags for the designation of places where infectious or 
contapious disease exista;is*- Buna! Rate ose eereen omy ade cee ee 
vaccination Tequired, ©. 1su.0 5 Se) ON SS SHE Sys ee eae Ber pe Beans Bebo PR 
measures and means to be arariaens > aetna le alae © sy oh, Oo ee ae eats ee 
instructions as 40 Proper Manners... owe eevee) ee ee 
annual report to General Council, . .. . .. ‘ cae ed fe PRRELOD) 
permit of required to be obtained by undert eee end eyes ators remov- 
INS. COMBSCS, wen acer Pe a og ae eho ap ah eRe eee Deen Rm 
shall keep a correct register of Newt a INtErMentsy: Aue. — . 3867 
shall keep on hand a supply of blanks for distribution to those Meat to 
make returns under the burial ordinance,. .......'... , . 867 


duty of, to make regulations to secure enforcement of ordinance as to burials, 367 
articles of food which have been inspected and condemned by shall not be 


offered for gale. ar ihe veokre: Cypress Pate aa en eats Waa eee a Vet 
permit of shall be obtained by persons Sorte or sending milk to The City 

for Sale “Ne! ye PAN, DRE es Netw Dike iene Ree ae te een Sanne eee ames a 
shall govern and control physicians appointed to assist Health Officer in vac- 

CINALING, ”. Vs aseeahe iaelts. Gok caehy fot Sun >. ote Ae adie Darna a a ees 
inspectors. of live stoek-towepory tO sya: os eta ee eee en eS 


See HEALTH Ovaiiae 


BOARD OF MANAGERS HOUSE OF REFUGE. See Housk or REFUGE. 
BOARD OF POLICE COMMISSIONERS, 


who shall constitutes) 4 eo PARWss oki sk Sie ee Ge ei eee ee OU 
LECIn (Ot -OICe ere at : : i ee RTT eg 
authorized to elect a pales fine Riatreniiatle, see US athe cl hig one aeons tine at AE 
shall fill vacancies in the force, .. . NA Soy ro Adee pe to 
shall confirm or reject nominations for ahice i os ise) Sata Peek meee ee ere Somes 
Rléerkcto\e sore ata see MCR ee mre ee a ee Re 2 at he 


Mayommay. Convene, <.% > \on Mare sarc ic cas lyst ne se ae emi seen Se ees 


DADA DD PRP TOWNS KF eH 


=" 
i=) 


a 
H CO 


15 


po 
en 


16 


04 


42 
61 


woe Om SH He 


jad fat 


"INDEX. 


BOARD OF POLICE COMMISSIONERS ( Continued). 


shall act upon nominations for lieutenants... . 2. . mae Bie pak: 
shall elect and organize the force, 
shall act upon nominations for detectives, 
power to elect private policemen, 
restricted in electing, 
shall assign uniform for, 


BOARD OF REGISTRATION. See REGISTRATION. 
BOARD OF TRADE, LOUISVILLE 


shall control flour inspection, PE Oth eer tee Oe Vere veh, Se 
appoint and control inspector, weigher and register of grain warehouses, 
real estate of exempted from taxation, 


BOARD OF TRUSTEES OF PUBLIC SCHOOLS. See ScHoots. 
BOATS, See WHARVES, 
BOHNE STREET, 


described and named, 


BONDS, CITY, i 


Authority for issue of, 

Bounty Bonds of February 27, 1865, . 

School Bonds of June ‘10, 1865, . , 

Cabel-Street Improvement Bonds of fons 26, 1866, 

School Bonds of April 10, 1866, . 

Water Bonds of May 1, 1857, 

School Bonds of May 1, 1867, . 

E. & P. Subscription Bonds of October sr 1868, 

Water Bonds of May 1, 1859, . 

Old Liabilities Bonds of June 1, 1869, 

City Hall Bonds of April 1, 1871, 

N. A. & St. L. Air Line Subser sdeian Bonds Santonber 1, 1871, 

City Institution Bonds of June 1, 1872 

Old Liabilities Bonds of March 1, 1874, F 

Street Improvement Bonds of August 25, 1866; aia ‘16, 1866; 

October 1, 1866; December 15, 1866, 

Street Improvement Bonds of August 1, 1867, 

Sewers Bonds of July 1, 1868, 

New Jail Bonds of October 1, 1868, 

Old Liabilities Bonds of April 1, 1871, 

Road-bed Bonds of July 1, 1873, 

E. & P. R. R. Bonds of January 1, 1873, 

City Hall, Reconstruction, and Road-bed Berle of 1873 3 

Reconstruction Bonds of July 1, 1878, 

Old Liabilities Bonds of May 1, 1880, 

Improvement Bonds of July 1, 1888, . a d } 
authorized issue to pay subscription to stock in Peuvitle Water Catan: 
Council authorized to give or loan to the Water Company to secure exten- 

sion of water facilities to Portland, 
may be issued to pay for wharves, 

execution, witnessing and recording of al 

ordinance directing isssue need not be submitted to Aee: 


bw & we 
eon 


dS po 


OO -COr GO Gas Go Cee hs 
ak cate. 
~“) Ot CG 


ee) 


7 No NO Ne) 
rN 
food 


bo bd wy Wy 
CS Imp Sx Oo, 


© 


We) 


bo 
Oe (OW Or On 


bo bo 
~ Os 
_ 


995 


SEC 


73 
46 


oC. we CO 


926 


INDEX. 


BONDS, CITY, (Continued). 


payment of, issued on account of the Strader & es W barf pro- 


WA OT ep aes ee uae ah cman ree AEE 
for buying and improving ea for Paitiaye and dock purposes, author- 
ALY LOPS. Be wicgy seo cess, nL ie rene. ie cae tetas rg ae 
chow proceeds applied, <cp.0uy Wik, > ovina nei ae ee eg 

issue to be according to resolution, .. . . see 
to pay for the Rowan wharf-property, authority oe are ae 
to pay for the several tracts bought for wharf purposes, ......,... 


all charged upon Sinking Fund. 
See SINKING Funp. See TAXES. 


BONDS OF OFFICERS, 


form of for all City officers, . . 


BONES, 


penalty for collecting raw, green, or undried, within the City limits, .. . 
penalty for manufacturing from, crushing or grinding, .. .. . 


BOOKKEEPER, CITY, 


shall repister all claims againsh he City, ai. varie omeciee  eeegeaennes 
shall certify nojclaime whatever, 50 (0c) fos ae een ane 


BOUNDARY, CITY, 


of “March 9.18682 jest ae i ee is ae 
continued: by, tharter sot 13 70, 7. em eo les ete er ee 
western, changed February 28,1871, .. . a6) Ma ett 

eastern; changed February 971880). \aetee ee eee es 

eastern, changed April 28, 1884, 2. 7. 4. 


BOUNDARY, WARD. See Warps. 
BOUNTIES, 


City bonds for payment of authorized,. . ..... 


BOWLDER PAVEMENT. See IMPROVEMENT oF PUBLIC WAyYs. 
BOW LING ALLEYS 


price of slicense Fors (> cut Pel eg cn ley aiag eecnne amen ere 


BREWERS. See DISTILLERS. 
BRICK AND STONE WORK. See Inspectors AND MEASURERS OF BRICK 


AND STONE WORK. 


BRIDGES, 
fines im posed ‘for protection 010 to selicol funda rn en eee 
penaltyilor destroying; Sema aes rsk. sels \s ese on ae ae es 
LDU PIN E(k eed) Scr Reins Been <tc s Boe ete 3 
Obstructing in: elses ae Meee? amen meee cand 
defacing sions, "ele. concerning.) wre 5 Ll cate 
non-payment /of toll oni wees ee Stes 


fast riding or driving over, 
speculating in React ere "eee ; ; 
over Beargrass Creek, may be caused to be built i Gace ee pate ~ 
out-or, City treasury; (em ees . , 
regulation of riding and driving over onde oie chin sone 
tying or securing water craft to bridges over Beargrass Creek mae Die. 


riding and driving on draw-bridges regulated, ........ 
BROKERS. See Banks. See EXCHANGE OFFICES, 


PAGE 


865 


862 
862 
863 
864 
866 


425 


SEc. 


On 


or) 


112 


INDEX. 997 


BROKERS, CATTLE. See CatrLeE BRoKErRs. PaGE. SEC 
BROOK STREET, 
right of. way of Louisville City Maelhwac Woolen vite cosy eas tote 6) att GOO 51 
right of Central’ Passengér Railroad Oompany,".) 65 0. ao 8 628 142 
BUCHANAN, G (.. 
authorized to construct and operate a railroad track on Arbegust Avenue, . 553 ] 
PATE Ole OONALPUCHION. GL oy 5) aeae es Oe indie ea, ite ey a's OOO ) 
We CONG OCLIOTS WiItD Abe or) cnc tee ee en ee Gaba Roe YT BBG 3 
eharces- Or transportation, 2:42 ai. 556 4 
PEN OSCR ear ces. Sr. ye Mel yh see es ae Ce Kg : : 556 ) 
Siqciivetinn. aay oo ec ecute Wee we ct . ; 556 6 
PELOUOe aOR) YN. ti Ranr se eI Se a he eS 556 7 
iife City nom Wa Dleain a Amaces, aie show ae tot ee een Ses oie BBG 8 
PELOniance pi CONLTACt sy | .iict cowed oe hat hee Mids ale, eee a ee oOT 9 
authorized to construct and operate a railroad track on Arbegust Avenue 
PCAN ADIEU ety edit: AAs Mise ape eee eM Veta e Pe etep hats DOT 11 
DIGIC OL eCONSETILCLION: G20 0h 8 GF. Se Boa AM ks Ppt ent tha pl ey SOs OOS 12 
switch-connections, . . : 558 15 
The City not Uaples in pfanee AP A ea ae oe aoe ar 558 14 
BccutAnCe nnd CONTACT). 4 tM. pou Fb.) ees oe Sigs SS neWeteg IOS 15 
BUILDERS, 
CULO De COnsed Hac ATeHIROCUS ri ta! e euseea: Wee Meat oc be par ams eas, oko AOL 2] 
BUILDINGS, 
Per, Ped ui red [Gr er eCkion Gly Geen: Fae ys ae ye dees ey + Le 00 1 
Pettis its POLI Ute e ak rie Geek ld gh tek es oe ee et eslee WIAs eles tee 0 2 
PeCMibiLes OF ANCA) PUCHION me: Kew ce yoo eet ete pie aime tee i, te ee BG 2 
PESeCHOn OL IOCHLION, Wy eh eIIeOr : . walk Sema, ame a An” Grate uie e a OF 3 
SUPiexniningtiom concerning’ Proposed, ey |e) mc dee thes hy ee ee OBT 3 
BUDO EL Of AP PLGA lions 5. mks: ass f oy ee ee me ne ate! ON 2 
may be constructed under the charter or A Bah uee of Resa ZU ak bl e) = BT 3 
EpUicniotis {Of POTMmitdO Grech ONVALeD) a4 fares late Alla parcel thas be) OF 4 
when Engineer shall not approve,. ..:. ... 5... PR ey ace 57 4 
Pata GOURD TS RTAGN TCI a oP ok lo eer eM ieee St Or Bite es ee mS ad ees Ede OE 4 
Appeal of app lican tio, tie Mayor) Goto aeeuseth tl by ee Ngo tae ae fa OT 4 
Belen Me tional W tie, MERVOl CMU ak ee NOEs ei ae ay ee a pte ae OT 4 
fOsne Craver hier. tO: WLaror stOiGe: — on uy eho sn dh tee se ee 08 5 
PSUR CE ie DETTVIDELDOM 2 ost iver eheee ui ck Wt eos Cee eaten, ar eta! OG 5 
Reminber ot. Lupe kDpee sts | tha Corman 4 Pies stash ae BBP) 5 
proposed to be erected on streets not graded, . . .. .,......... «68 6 
how much of the street may be occupied with building material, . . . . . 58 6 
iiacrlone ei. COU anay Tiny Gone mies a miele cont fete Vahl Sete eel 0 <8 6 
fire-cisterns, crossings, efc., protected,. .. ... . a iy bene ats aah Ot soy OG 6 
Mey ole trite or  OlcerOlaLLyG/lQ, aemr iene oh area d, "Gord oe odday Pumice f OG 6 
examination of premises of new, by Engineer, ............. 68 7 
wiolating ordinance concerning, aunisdemesnor, 2.5. FF ee ee) 789 8 
Peer Rd 08 eal i arly ER OS a Re tLe RAD et he ete al Re eg yO 8 
woouds, erection and remoyal of, revulated:.. 2. ie bt Pe BD 9 
ine tor violating ordinance concerning Vode. 2 2 os A'S Me 189 0 
unsafe or dangerous, abatable public nuisances, . . . ........ 2.7%, &O9 10 


proceedings to abate such nuisances... . . . LA ae Sb) ay 42g a 1] 


928 INDEX. 


BUILDINGS (Continued), 


NOLICE- LO OWNED, 6 ae ce pip eles! ie eta hee Peg Te an eee 
abatement without notice,.. 

Council may prohibit erection of wooden, 

Numbering of Buildings, 
houses and lots in The City required to be numbered, 


system of numbering the Hast-and-West streets, ........,. 
system of numbering the North-and-South streets, ......... 


twelve and one half feet designated as sufficient space for one number, . 
tenements and the use of fractional numbers, . 


numbers: to.be placed a hundredito the square; = oS =. 4°: + 4tc Gua 
penalty for removing numbers or using others than those anehonon : 
numbering of vacant lots not contemplated by the law, ....... 


tenements occupying over twelve and a half feet space, how numbered, 
work of numbering to be'let by contract, . . .9. . 2... 
expense of numbering, how charged, 
numbering of tenements to be at expense of owners or occupants, 
BUG LUNs 
authorized to construct a railroad switch in Magnolia Avenue, 
condition of building or constructing, 
manner of construction, 


BURIALS, 
permits for, shall be obtained by undertakers,. . . ........ 
undertakers’ certificates necessary to procure, . 
requisites of certificates, . . .. . : Sake 
sextons to require, before permitting Beer, 
duty of Health Officer in reference to, . 
burials without, . Bicol: Hae eee Oh eR nee Be i ee ae neues 
to be kept filed by sextons, 
failures to comply with ordinance concerning, 
within a prescribed district in The City prohibited, 
BURNETT AVENUE, 
name of Shipp Street changed to, 
BURYING PLACES. See CEMETERIES. 
BUSHEL, 
standard; of. lames a eee a es tn vie ee ce 
BUTCHERS, 
shall not slaughter, dress or hang animals in puolic places, . 
shall not slaughter any animal in a feverish or overheated condition, 
shall not offer for sale meat of cattle which have been exposed to cattle- 
AiseRHE) coe") ne Ge merece ae 
hieenseuds 3.5%. Sf aA F oi ene eee ee, Le 
See MARKETS. 
BUYERS OF TOBACCO, 


required to have license, 


classification and Trateso\eto 0 vee eee eke a ae ee eee 
authorized sales of classes, .... . Sh ieee cuphais ear aes 
SWOrn Stavementse «Gwe tae tee es ay tlds hese easen sees 


penalty. for not having heenge 75 i ta. veh wines) on emer a, em 


PAGE. 


SEc. 


12 
12 


Co DD et et ee pe Es 


o 


Je) 
i) 


INDEX. 


CABLES, 
right to lay and use granted the Louisville Underground Conduit and Elec- 
tric Light, Telegraph and Telephone Company, . . 
other companies may use, TL PE ee, no Bee 
The City of Louisville may use for police, fire, or other purposes, 
manner of laying, , 
aa to construct and oper ate prented Hee Ono in Peleehone 
Company,. . 
manner of laying, 
CABS. See Hacks. 


CAMPHENE, 
storing and keeping may be prohibited or regulated by the Council, . . 
CANALS, 
Louisville and Portland, transferred to the U. S. Government, 
rates of toll on Louisville and Portland, Tree ere ate oe 
See LOUISVILLE WATER POWER AND CANAL CoMPANY. See LOUISVILLE 
AND PORTLAND CANAL. 


CANAL STREET, 

right of the Kentucky and Indiana Bridge Company to lay railroad tracks in, 
CAPIAS PRO FINE, 

arrests and commitments to Workhouse under, 


CAPITATION TAX, See Taxezs. 
CAPTAIN OF POLICE. See Po.ricr. 
CARCASSES, 
unlawful to remove, haul or drag any dead horse, mule, dog, cow, hog, goat, 
or sheep in a public way except by contract with The City, 
annual award of contract for removing, : See 
See FINES AND terres ORS. 
CARRIAGES. See Tye 
CARTS. See VEHICLES. 
CATCH-BASINS, 
unlawful to obstruct, . 


CATTLE, 
shall not be sold in vicinity of markets, 
shall not be sold in public places, tea oe ee 
in pregnant or unhealthy condition shall dee he offer a for iin sive toe 
ing purposes, Sey Se wie 5 Sad a tera 
in pregnant or unhealthy condition stall not ‘Ns ee ht for (eeeaeste pur- 
poses re OM te WA a eee Re 5 
shall not be slaughtered, dressed, or hung in a pune wa AP 
shall not be slaughtered while in a feverish or cae enacts : : 
unfit for use, or which have been exposed to cattle-disease, shall not be 
brought into The City nor offered for sale, a : 
shall not be kept where water, ventilation, and food are treuicient tat ne 
P Drepervalign Ole thelr Domi Dwar a ae es see) oe yt sere Tek 
See Live Stock. See FINES AND MISDEMEANORS. 


CATTLE-BROKERS, 
who shall be deemed, . 
59 


47 


188 


881 
881 


368 


404 


42) 


bo bb 
Oo Or 


27 


930 INDEX. 


CATTLE-BROKERS, ( Continued), Pace. SEC. 
annual license, .. . NES A see are i oh ra en (EW ap Nien A aa eae 27 
fine for not complying Fit eens Ley PEON SE fa oh Ene See aS 27: 

CAVE HILL CEMETERY, 
fine for injuring property mM, 7) pc -c hae, seed ae ee 18 

wrongfully disinterring edie hs Abe ane i aie SOU a 4s ee ae 18 

vidlating: by-laws Ol". fies vee we eee Mee arte ee nares te ee re 66 19 

old ordinances:regulating, repealed;..0 17.) = 2 20. 38 ee oo 21 
proceeds. of sales.of lots, how applied; sree. ne aon) seem ete 26 
no road or'street to. be opened through): i. 2 ii.) gee ee eo 27 
Council authorized.to pass: ordinances to" protect,” © .- 20) 2a. ee ee 28 
persons injuring ‘property an; may)be ‘sued: v5.5 \e pace clean eke 28 
list of lotholders to: be presented to Council yearly,» .. . 4. 3 . v.16 29 
president or manager to own at least 300 feet of landin,. .. . Pr ah 29 
privilege of lotowners of burying in their lots not to be sold save af con- 

SON termes ot mle i AE Uae See Bn ee Ot 36 
lotowners may determine any hall control the rant of Dena in thee ae (Ss 36 
disposition of lots of deceased holders in absence of directions, 77 37 

CAVE HILL CEMETERY COMPANY, 
conveyance: of land to,-by <The Oityjis a sock. | ee) ee 7 
by-laws, rules,erve, Tine for viGlatinig, — Saas es ga eee ae 19 
fines imposed, to be for benefit of, ....*-:.. Se rhe. eat ea ae OP eommaL CO 20 
incorporation: Of)... eae se Ce Ba een hes ee fc 22 
eorporators of," |. k al heqe 3 ie ek Ne RO a 22 
corporate powers, . . : iE fal hw 13s cn a fe te one Rae ee oF Rea 22 
power of The City to convey onan jane 85° ashi ca Fe Si Resins Oyen en 23 
conditions;of conveyance, «if T'.», elias: ete Pst cede tye Peaicy castaee nat es oe 3 
managers. of, © 0. oA VE VE. me Se ws Geter can fe oat pe ene eee 24 

powers and duties; jt .wcyet Alt saad pee ren Pe mare etek ec ea 25 

OTNCOrS eno yee enw Anke 23, SAO ee Se ee ee EA 25 
The City may donate Rai convey had ei over ¢ 300 eres; Ovo set oe eae Ta, 31 
may.acquire. land, notiover 800 acres; =. = nce nee Erte Pe) ee ie, 51 
lotholders of cemetery elect four and City five managers, 76 30 
all lands of, to be perpetually for cemetery purposes,. ...... ed ee ESL 32 
shall pay Cave Hill Investment Company one tenth of prea of sale of 

LORS 5 se Sad Me eee Wea S Lee CREE CG, Rites oe een Se ee eee gD 33 
directors of Cave Hill Investment Company to send annual report to. . . 80 44 
may examine into condition ot Cave Hill Investment Company, ..... 80 44 
shall have free access to records of Cave Hill Investment Company, ... 80 44 

CAVE HILL INVESTMENT COMPANY, 
shall be paid one tenth of proceeds of sale of lots in Cave Hill Cemetery . 77 33 
such payments to be in lieu of payments formerly required of Cemetery 

Com panry’ <2 vets Maite icp toa o 2 ec te an eae ee 34 
acceptance of acts TelailVGstO, peel ene wat iea. eae era 7 35 
incorporation: Of, 3°... jel Mae eany Ree el iP cca gta ge ere ee a 38 
COPPOTAte POWOTS,. (0° 25s kel meneame alee eta! « 20's tes aR veya ata Maar cee on DT 38 
board of -directors,.-50 ae ree ee ee rats eRe es Pas nos 78 39 
officers, ¢ .0u>. 0°" Saree eee eo 10cm dO 
authorized to receive sums due from Cave Hill Cemetery Company, efc., . 79 41 
authorized to receive donations, bequests, ¢ic.,..0.5 . 72. = 4 4) seme 79 Al 


INDEX. 


CAVE HILL INVESTMENT COMPANY (Continued), 


president and directors shall invest all money of the company in bonds, efc., 


manner of making investments asda a ees 
money, property, and incomes of, how applied, 
annual report of directors, ..... 

may make by-laws, 

penaltyin treasurer's bond, . . 2 1.5 ¢..- 


CELLARS, 


‘excavations for making controlled by the City Engineer, . 


sanatory regulations concerning, ...... 
doors and entrance-ways regulated, 
CEMETERIES, ; 

City cemeteries named, 

regulations of, 
penalty for injuring property in, 
conduct of visitors in cemeteries, . .. 

fine for violating ordinance concerning, 
power of Council in reference to. 2.) .3.0..7. 


persons in charge shall not inter nor place in a vault 


permit from Board of Health,. ..... 
CENSUS, 


corpse without 


every ten years may be taken as a basis of representation in General Council, 


Council,may cause special, ... 


School Board shall procure, for school purposes every five years, 


CENTRAL PASSENGER RAILROAD COMPANY, 


PASCO ISO T ALLO ioee Me7y 15 1 Oe aren @ kate ohh oe tc at Oo tae 
empowered to construct and maintain a railroad, 
ROMO EPOTIAGL; VEAGICGs. cs ietarAN. or Mall ptoeas oleate’ NG, oat ha 
GERbAL SLOGIC cs aura eid tal eiehaie reise maa ht' ss 
GUrechare pores bage eg Ih ve Ms ST eye 
subscriptions of stock, 

BlechOn OL cdiretUOTs: «lvl = teeta cee ys. oe 
BSLEUSIOUES, o6 gee | A Se oe ee ee 


may condemn land, . ‘ : 
may buy and mortgage real estate, 
may borrow money, . 

animal power to be used, . 


rate of speed, fares, efé.,... «6.4. + 
conditon of franchise, ... . : Say RS, pee 
limitation of real estate to be held by, . . . 


may lease its property or franchise, ....- . 

motive-power may be changed, . .... 

may subscribe stock in other companies, . 
how subscriptions shall be made, . . 


MAN Eater ID VeatMelity "ak, cute he 
may sell or lease its franchise or purchase others, . 
empowered to carry freight, ....... 


may build and operate railways in whatever streets 
‘may operate by electricity or the cable system, . . 


. . . . 


the Council may permit, 


ke s 
right of way on Baxter and Ormsby avenues, Fourth and Seventh streets, 


granted, . .. - 


- . . . . - ~ 


PAGE. 


19 
79 
79 
80 


931 


SEC. 


ore 


Doe 
bo bo rt 


932 INDEX. 


CENTRAL PASSENGER RAILROAD COMPANY (Continued), Pace. SEC. 
license for each car, . . : PR oe as Sah MR RID ale. 122 
right to repeal grant peace by Git, 6h, Se Fa el eg ES OE ET seme on Oe eee Oke 123 

right of way on Fourth Street, Ormsby, and Magnolia avenues, terms and 
GOTLCICIONS, a eye Sy Gee Eaten Ve ane Sue ors 128 
rg histowepealy 2 er GG ah ig a ohn yh SA se Oe 130 
Louisville City Railway Chere to Tate Soiate USG-OL( 0s) Se 3" ja een tases 131 
right of way on Fourth Street from Magnolia Avenue to City imits,. . . 621 132 
grant may be repealed, . .7. 2: Se Pah gid Reta ape ark FR UL 134 | 
line extended from Magnolia Avenue i nee Str ne eb sacee « 621 135 
extension on Walnut, from Twenty-first to Twenty “fifth Birbets required, . 622 137 
City’s right to purchase waived,. . . 622 138 
Ninteenth, Walnut, Bank, Wee ahied. High Devens ia fitth to Port- 
land “Wharf, right of way granted... G07 Ge ee ee a ee 140 
repeal of grantsnot Used; SHG ea voee Nie ot tenth ond ce tea name on Ree emt 141 

CENTRAL TRANSFER COMPANY, 
incorporation Of, “<2 3% % Re ae ee Ae i oN Oy ot eS ALN Ae deh ey, ets | Bet 58 
succeeds to rights of H. A. Diesen MARE ML Deh re very ok er Sa Fone Mone eee 60 
may borrow Money, vas P ReaSe Lene ee ee me 61 
may dispose of. bonds; es .cgeee 4 Aa Ao Fh fe oe Le 61 
may operate railroad in accordance van tcdinante of Dee te 1882, 5 er ob 62 
may connect with other railroads. de ne ay oe ede, eee ane ees ea 64 
rates of transportation to “be fixed by Council, 927.08) "ne, oe ck ee es 65 
shippers. entitled to-side-track 50S ti eee a wer eee em ht 66 
Gapital Stock .'h,2 ere hiner veneer ee Wet e” 5) Soe cee, ee ere 67 
directors; ss KIN he RES Seok! Gi cn aatgh ae eect, ea, eee NR CD 68 
OFMCETBY 96. 6g a As eee tin Re Sat eee ee alga ee Tae ee 68 
ory Tea Wy Tie a ew hee heal el ace eRe Gn he Pong eri ee ed 69 


CHARITABLE ENTERTAINMENTS, 
may. be allowed. without licenses. ©. 2" See ie. tenn to ee a ad 5 


CHARITABLE INSTITUTIONS. See Commissioners or PUBLIC CHARITIES. 
CHARITIES. See ComMIssIOnERS OF PUBLIC CHARITIES. 
AR, 


publication of authorized, 4 8 
laws in conflict with, repealed, 4 6 
manner of amending, by the Council. z 4 
by convention, ya oy 5 
laws prior to and not Rarer Ww ah eanneees 2 3 
CHESAPEAKE, OHIO AND SOUTHWESTERN RAILROAD COM- 
PANY 
right to construct a single-track road over a track owned by the Companys 
and across Kentucky, Zane, Churchill, Oldham, and Oak streets, . 562 36 
Conditions Of Cran. | eee AN eee sd ig. ydhe ales Sietaynee ee Ne col ean, Gy am EC 37 
right of way through A Street, . . 2. ... x hae Liha ph ieee Wee eas 38 
shall keep the street in repair a6 remove tracks when rennestedil he Os 39 
other railroad companies may use the track conditionally, . . aie ree OOR 40 
side tracks and’ connections aut ei. Bolt aacts ee nee eae Were OMG ee ene 10 
Council’s permission necessary, . . . . . oo Weg NA Da Sian sy os PO 41 


rate of spéed Timed pa! sui: 5 Aen oes is ee ie pa ae he eos 42 


INDEX. 933 


CHESAPEAKE, OHIO AND SOUTHWESTERN RAILROAD COM- 


PANY (Continued), PaGE. SEC. 
Whe Uityeto we Held tree irom Uamaces, Foye et roe ee eat) O64 43 
right of way in Fourteenth, Main, and Rowan streets,.......... 564 44 
employment of watchmen and erection of gates, .......... 4569 45 
Mamet Lobe executed: 4 mee were A Ore Gar. 5 mel eU., © 5 BOB 46 
ALY sto es DOlG tree (Of  CAINAMGS, neat Gat aks Viewer Ol ee el ee) O65 47 
Rab Cl PROS IM ILO, (8c nel A oP ah ties 1 UUme ne Ree ae sl 565 48 
CHESTNUT STREET, 
Die Ua EGLeet Th WAY GAG RGeON 1 el gee ie we oe ain ye te OL 142 
CHIEF ENGINEER OF FIRE DEPARTMENT, 
Mae OP eeiyralceted, uy the Deaplen: 00 ware oy coe eee es BOB OF 12 
Seenerer Our onal) Oleh)... ug waka ob ane 0 aout ads. gate a ok OO 3 
Siti ia e men ned shy: OLUINANCE,. y /ursou a ea ke ce) we se ee cee? BOO 4 
shall appoint employes of the department,......... Be ee ah. 4 
Council empowered to increase the salary of, after January 1, 1877, Pe ta OO 5 
On oO eee Ripe, Cee Pin hae et Baer Beet ete ie, Pet. o! DOG 10 
Renee ries PGT OTIGE. sulky Sf. ka artes gietsey tae, Cee nee os ca ec et le nee DUS 22 
CULE A OLICE: cr esr. sees. May cic. fa medion Aa ey gre omnes ae cr) OU 22 
PETTY eet YOON LOW Own ve fever: So Bs ca coh Mae WE ae eee ak somte oy 3s ,OU4 3 
RODIN RO LUGE. at rsa alas. > Natrol Caviar. «whe wp Leon ase the ote ORS Ghent a et OU 31 
PL SIGNOLTOl: <o8 Meee os a hel MARE 4 \s Eoeatwl ae Tete ees pur ATO 26 
OUI MERC Meat oe cere ee Rag eee ars gees Lats! shee Wan MEN a al ote oa ae vot ATS 28 


CHIEF LICENSE INSPECTOR. See License INSPECTOR. 
CHIEF OF DETECTIVES. See Pouicet. 
CHIEF OF POLICE. 


shall be annually nominated by the Mayor,,.............. 482 9 
Ponte: Commissioners to.confirmorereject, jece. 2 4, oa, o Keel BA. 482 9 
PoE OOuiCey cere eRe Rte eee ee FA Te A ee i ae oe My a A. “489 9 
UOT eae te rate aks ee gt 1h ee KIC et) ent oe tes LS ae eC: S| 489 11 
shall not purchase claims, .. . A Game GN cry eek ow tet Se 12 
shall, with the Mayor, detail enone house 1eaeyeee Leona boat sere: feb 15 
RPT AD COALS Cyan ees fesse ek Meee ORI oe cr vet ees « te 02 KE Ae ABE 24 
jean ALS Be aS. 5° daar Mie WO Nears Ment om See ae oh Fe RRA Cts ek RS Sig tier Fe eneot ce 226 
OGRE VOC MMIC ete sae Peek Wea ee Ae were eee Bo getty goes? 162 7 
requirements concerning reports, .. . . . ie NA pa ee BA: SoM | 27 
supervisory duty as to occupancy of streets with Pading Tarra CLE inne, 06 8 
Pubiuertity Claims ofspalice department wre) c.s | +) «veh | «is se ye LOD 6 
See POLice. 
CHIMNEYS, 
iiopemiOnsOrsas Ne precnU ull, :o ab tamer ata Wem eu fer’ 4) ue Pea ir ya 80 34 
CHIROPODISTS, 
DEOL Pie ein tee Se th hart Oren te eee ha hs ae ire, moved OD 28 
CIRCUIT COURT, JEFFERSON, 
mey commit persons to House of Refuge. see. et ae i 122 25 
appeals to, from,.City Court.of, Louisville, . 2... 6 6f/s en 2 ws 189 27 
appropriation by Council to increase salary of judge, ......... =. 198 63 
CIRCUSKES, 


UI RNttr ot a ES TO ae Be eee ee A ge Oa Dak YE: 8 aD 29 


934 3 ; INDEX. 


CISTERNS, PUBLIC, PacE. SEc. 
Council may. cause diggings and walling of) 4) 9 2 2 cae ae ayer a el zy 
apportionment.of costs of digging and walling)” 2) ven ce a peo i 
lienis.on ‘lots *for payment, of Cost, wit a, ta dah anes ail) ont he ee 1 
plans-of-construction,. 5.";,5 5% sind wets ire UN ge Pe te a as re 2 

specifications.) 2 fo. ao eh el wie, peas tea teat ce eee Guenter teenay 38 2 

at intersections, . .. Aart eer Re ss ART dk Bind ee ek te he 3 
unlawfully taking water fant Se ae ER Ree Steg” ee awe eae ni eS 18 
opening and leaving uncovered, PE a rik tae rere sy a 18 
unlawfully covering up or SWeEniour ee ae Bek ate ee Vamenta hs 20 
notice and inspection before receiving as completed nae CONTAC, Mast. 9 2 DUG 5 
_to be supplied with water by the Louisville Water Company free of charge, 858 36 

CITIZENS’ GAS-LIGHT COMPANY, 
incorporation oft." hx, Gesj. SU emia ag oo ee aon ee 49 
corporate name, purposes and powers; ") 5.29) oe upper 49 
capital ‘stock "of, fixed; (00 Wee yioice ie eee ecg oo ee ee aL 50 
authority to open public ways for laying pipes, conditions,. ..... . . 880 51 
may lay pipes and conduct gas to towns adjoining The City,. . ... . . 3880 52 
capital ‘stock, j*..(-.4 0) "obs Go Sy ep pelhae ore akon Pees tok a aie entree ee a aL 53 
stockholders’ meetings, directors, sete, 0. 1) Sestak oe et 54 
OTLCOTS 5 5 eto hi eee : : cigs aU, ac ck Ee Oe pe a) Coa 55 
duties, powers ana Bethe sa of pice ane aioe nas ate ee REO 55 
service of process, what deemed sufficient, ~ 2.) > 4 one 56 
may issue bonds, .9.°. % ap coy) ei = ASL aes ne ae Oa Cae Penne 57 
injuring or destroying probe forfeiture fn Sera ae gs rash 1 Ae ae 58 
willfully or fraudulently injuring or altering pipes, meters, ate frreitnre ne 338 59 
fraudulently burning or wasting gas, forfeiture for,*. . ... 2. 2.2 94 5 3) 380 59 
inspectors, privileges and powers of, < . 2i 2 Ge orkeet eee tet une 60 
duration of franchise, *... . .. i, ahs ho Rip tga tet el Sez Sl sc at ROS iba ee OP of Maree 61 
capital stock may be increased to five nileonee oe sak he, Ve eed ek Oe 62 
bonds may be issued to extent of two and one-half liene Ge ey RR Le ee DTS 62 
may acquire control of other! companies) iia) ei.0 ms te ae 63 
property and effects of, exempted ‘from City taxes, 402) o 6.5. .) 30s le sence 64 
exemption from taxation limited! 5, “cig cs nites ck ton sas a 65 
prant.of right by (Phe Gity, eo 2.0%, Fs a ete i Sea dee 66 
express conditions of orant, 94.7. bc.- (60 sree Pec kee 66 

CITIZENS’ PASSENGER RAILWAY COMPANY, 

Main and Fifteenth streets, right of way granted to, . 2... ...:.... 610 97 
Louisville City Railway Company, granted right to use franchise of, con- 
CItiONs, 25 Se aay Se eae ee ee 98 
TOPAITS Of WAY: ice Gie nh vlcceie Me ame (athe he ott vote epee one Pe aes ee 99 
tracks, use and extension, ... . ; 2 a Tee git Tae ae een. E 100 
extensions to be under supervision of Gite Hneineer ee Se eee EO Le 101 
removal, subject*to, whenyerio we ec ks. ew eine ae eee ec 101 
costs of, company to pay,. .. . : a eer ele 101 


sale of franchise, etc., to Louisville City; Railway Geen ne. spicier! eo Gls 103 


OITY ATTORNEY, 
‘election, term and*duties inipeneralyy. gol... Se Sea eae ee 1 
shall represent:The City in the courts, oy. oe. bac. ea ne eu pe eee 2 
qualifications and Balary, «ie sche) wise eins, Pls os co nals oat Paes SERS get Se a eto 


INDEX. 935 


CITY ATTORNEY (Continued), f Pace. SEc. 
SOR GNEMILOASUOTIG Bare o.2. OP aE OYs kare Marae a, 6 Nee ae ORG On eta yA, LBO 4 
OME TRIS ORIALY Sw, ins Meee We ae diy aman taihmoy ce alie ss! So 150 5 
shall have a supervision of taxes and assessments, ........... . 150 6 
may, with approval of Council, appoint an assistant, ....... .... 160 6 
shall represent'the City in tax-litigation,. .9. 2.9... 5. 6... + +. 160 6 
Fence ia seals anny to COUNCIL oa: ie ad ete, Wt es a ae L150 4 
accounts due City to be collected by, ie tee eaeriedines lite, ant ay BO 5 
Mem penn Compr olnisd OOMMICLCC me late ses u- ee wee eo a 6 162 8 
shall institute proceedings for condemnation,. ............. 156 3 
duty in reference to condemned pes 1 OME ROO ee wean te x. 59 11 

salary fixed, . . an ae Be toi ta) ae eee a Wen ia. “te ATE 33 
shall bring suits to recover ee BIreHrdye: Mace eye tedian 0 ake Le aay) 22). 789 22 

CITY ATTORNEY, ASSISTANT, 

PinpMIGIUEADHALTECU Linker. Cotati) coe A al aes we de 2 150 6 
SoU Stiiwe Eee el RE cee ROM Meg Slee OAT RE Sy sc Teh Ca FL eMRele sare Maciarce hori! a LE 29 
duties= 2.25. ee eee me hes LE 30 
shall perform ie services as Gua rane Mave TOQUIrO acre: Guetta. ace (a 31 
CII SUR CON ETOCS Rr RRs 80. 2 A Ie ig aun Rane a Bien 2 ane > Saw eee Dae Yi 32 

CITY COURT OF LOUISVILLE, 
provision ot City charter concerning, superseded; .02. . wigs ie 181 1 
Perit TOGOLG Meme Meet nic wrier mt ute ert seen hor ait ean iate ul Me! Sata (LOL 2 
CROCK Reels Pear tata! oy Mere nae elie ov, es, nV Suet at eT Lee iae tok 2 

feaitdoatone Mage Sern ee eae Tae ee cs Pe TRO: kOe GIP pent LOZ 3 
elections and terms, . . Ae ae eats LOZ 4 
as a court of inquiry, to be A ee open eeerunt Sainte BCMA meine ikes, 7s aR wel LOS 10 
TEaNeReTCRCTS ey CUULe days Mentamere ie fe a “te er Lemeer Skee tetitee far Sika leen veh eae 94 184 11 
Seeds: LCONL QUOC sO, wae etre ent aioe. aa Oris a. ale eR A Rare tars 189 27 
Rae COUT Ce einige ont eae ts Brees ihn va Paths hak omens? se) 189 27 
to. Court:of Appeals, o.. «27. eon OO 27 
any fine, penalty, or cost may be Potted by the Meo: faa Gannetl eee LOO 32 
RALIV ME CTOMSSLOU U1 La Bt ee On canis, Ve wathueitue haw eles NENT 5 Cob ts Se LO], 35 
Daiipomestid TeeOrwizancetw.. won we ads soy delee a wea Lentils 181 35 
monthly Germs of,. 105 <9.) % : Wwaas seer Ok 35 
warrants, subpeenas, and Nainenti may ies puacuted ne Ponoctnen: ieee tL OZ 3 
proceedings in, to abate unsafe or dangerous buildings,. . ........ 659 11 
frigOL movonsrorsucnabatement, oem imante aes... 4 se ee es ete 00 12 
piroe days Loticuto owner requiredwsagamet sa Vos.) Fe Gece 860 12 
Notice to non-residents to be by letter. . =. st. ck ce ee ek BO 12 
Ta VoorceraAvaleMnent without NGCOpel ais vou Ssh Ne oe aoe, 60 13 
may commit offenders to houses of refuge and aNiene pale MMe eae OC 5 
May corunite juveniios. to House of Retiror. "sas. ei ee S022 25 
commitments by, to House of Refuge, . . . Peel impr ay ey bed 26 
may order confinements in and releases from Base of Parubes “erat at ager es De) 40 
may commit certain bawds or prostitutes to St. Xavier Institute, . .. . . 185 54 


Jurisdiction and Powers, 
Ber ete ALIS CLILOAILOERT) ysis trey (cag) stoi tiec hat ei 6. wel eee ol) Loe 
Leen Os SEIT VS OAT OCU Mem A taisct< Pyles ale Ne se Peat 188 
exclusive JOrisdiction 16 examine nto, . s)he es» 184 
BE ECRC ICH Ole CO HOUCG Aims sc ne te\a es ets 21s ceo; eee ae ahs eee | LOD 


IO Od 


936 


INDEX. 


CITY COURT OF LOUISVILLE (Continued), 


as to breaches of ordinances, .. ane, 
as to violations of penal laws of the State, ais : 
jurisdiction that conferred on police courts by the Rmninet aaa, 
as an examining court, jurisdiction exclusive, . 


exclusive jurisdiction of proceedings relative to keeping of aeardene 


houses, : ‘ 
of misdemeanors Pent n rs) oe one Aol of es City iene 


Judge, 
powers of, in felony cases, to be same as county judges in other counties, 


shall examine into all felony cases,. . ... 2... 
a general conservator of the peace, 
oath, : 
salary in lieu of feos 4 
salary increased, 
shall devote his ee attention % ne pice: 


- Judge pro tem., 


election and compensation, 

compensation, 
when shall not sit . ees 
shall not hold court elsewhere thane in 1 City Couith room as E rbridad: 
approve Clerk’s bond, 
fill vacancies in office of Clerk, 
appoint Prosecuting Attorney pro tem., 


manner of annulling, setting aside, or modifying Braces or mantener i 


may suspend the execution of an order or judgment, 
may direct Clerk to issue warrants of arrest, 

when may impose fine without a jury, . 

when shall cause jury to be yee er 

when may hold to bail, ‘ 

shall not hold to bail eiehnut imposing Eine, 

when shall accept bail, 

shall fill vacancies in office of Marihal 

shall appoint Interpreter, 


Prosecuting Attorney, 


shall examine into all felony cases, . 
oath and obligations, . 
duties, 
shall represent City al SObri tic hirenne 
Attorney pro tem., 

appointment ey the J nee 

oath and compensation,. . 

duty to give information, . 5 
entitled to thirty per cent. of all Anes er ‘forfeits 
eligibility to the office, 


Clerk, 


oath and bond,. . 

may administer oaths, 

fines and penalties, subject to, . ; 
prosecution and punishment for peeee ma SENHA of ante 
vacancies in office, . 


PAGE. 


184 
184 
190 
190 


195 
196 


SEc. 
8 


49 


INDEX. 937 


CITY COURT OF LOUISVILLE (Continued), Pace. SEc. 
failure to write in order-book a misdemeanor,........... . 186 18 
POR PETER ONOCRES, Fos! tris sews elas | utente ne ees eee oe ah eo es 186 19 
warrants for arrest for misdemeanors may be issued only by, . . . . . i89 28 
in case of refusal to issue warrant,. ... . PE OS A til eee 1a 4 BG 28 
shall keep a record of fees, commissions, abe ines taxed, levied, as- 

sessed, or collected,~ . . ... : ‘ eee ee LOD 30 
account to be balanced conte and Varina by Gian Pee a i. * LOO 3 
record to be open to inspection by Mayor, Auditor, Treasurer, or any 

AUyeRIn Ole COUNT T6LOC ge Nets REL Museen cate Geology Be ee ter na. ey ing OO 30 
item Warne: SY LOLTNUGION 9 y Seek Meet Pe Ok se ete ae os ADD 30 
shall not charge The City for services rendered in cases where it is a 

Deroy Cougar IM LONCsh ick. 5 -o. ene ella a ai ae LOE. 47 
SER PeSDeia os palary. DY? Le Clty. ak goein os oF at ee men yi rl OF 47 
rite 7 SW thse bet A apie Wok cake aaa ey hs came LALA, Mat, Gil AST ae Aes SAMUS ee 194 47 

to. be paiduby defendants aa Goatsye 1036 $9" aoe meh ake ty ela et 194 47 

Revelvanie: On ly-Onwomyletion. nm ters wie Fave! Semele wy Acie oa ete 04 47 

not to exceed two dollars in each action or proceeding,...... 194 47 

the same fees as those of Circuit and County Courts for similar ser- 
VIGCE MA Pit cto LY SOR RA eed RM PPR N eet oe FL OF 47 
shall furnish his own deputies and fine aN Cetatignery | is) i oly ey LO 47 
when to deliver process to the License Inspector, .......: .. 702 37 
Marshal, 
SRE ake Oh ovenets Rien oar ae Ake iy otal naa i OT Dene yee Shad Sand Bat 22 
the process of Godt to be aera. to and Eeecnihd Dieta eada tire ene show 22 
may execute procéss’' anywhere in the State, 6 fi iS 6 ee Ps 187 22 
TRAY APOOM UB peCIn Dati cc kid cai Mee rr cet h tas hee) Geto heya nts LB 22 
PEAY AP DOULLW OVUGDULIES © bs eae eral c.. nt aeke or ite fee coke ns. (18S 23 
WHOM TOR Tath ke Ate Sra tier tae, £2 ye alee ere phere a mace rat LOS 24 
dinbilifyator lepu tyre) ae pret eet hie iat SINR i a tens nl BBO: (4 
AL VtG Oly GUNTOrMmaclOn, aythst t-pum weap eens Batik. tye vote? Se Rene extant OO 3 
WELCHIICIES ISO IU CONE Mart Mees Ste kit ae Nee. ot oumtrsmhal Girne 2 le iO? 38 
shall not charge The City or services where it is a party or has an in- 

terest. aS 7.8 is ee eA OE Rl: Seb ealen ts) ) LOO 48 
shall be paid as aah ie The City, SRS aE en IN A, Lot gcc ee teed hs) BOD 48 
fees allowed, .. .« Se aera ey) A Geding cb ew) ae ee AL PO 48 

to be paid by anentaye as cate RPE St ue Bt oear: eee kes LOD 48 

TOCHAV ADI OO YOCOM VICLLOMY rant wren caleAre | <4) Seem hese! tes L965 48 

not to exceed two dollars in each action or proceeding,.. . . . . 195 48 

the same fees as are allowed sheriffs for similar services, . . . ; .195 48 
shall furnish his own deputies, books and stationery,... . .. . . . 195 48 
shall settle accounts with City Treasurer at least once a month,. . . . 197 58 
enforcement of payment of amounts due The City, . eae Loe 59 
shall not become surety for persons arrested or convicted in Gas Cauti 478 45 


fees in cases of taking up of goats, hogs, shoats and pigs going at large, 880 22 

shall keep a record of goats, hogs, efc., sold at auction under ordinance, 880 22 

duty as to proceeds of sales of goats and hogs found at large,. . . . . 880 25 
Interpreter, 

Dudes shalt appomt;=. . oe fro 2h i 193 44 

PORE A CIETTOG:, hen © ga gt MN a SY ee A ate Sites gl ae) 2 TOD 44 

salary and how paid,. . . EWR Tie Rte te Cae eee OR eres voy LOS 44 


938 INDEX. 


CITY COURT OF LOUISVILLE (Continued), 
duties, ga 
removal from office, 
day of appointment, ae 
term lengthened and salary increased, 
CITY HALL, 
City bonds to pay for, 4 
tax, collection and payment of, 
Council to meet in,.. ... . 
salaries of janitors and others, . +63 
enpineer of, appointment by Mayor, yo. 6) 7, 3 oe. 
force to clean and keep in order, . kar 
expenses of cleaning and keeping i in order, bbw erie 


CITY LIMITS. See BounpaRy, C1Ty. 


CITY OF LOUISVILLE, 
conveyance of land by, to Cave Hill Cemetery Company, 
shall elect five managers of Cave Hill, . 
may donate and convey lands, not over 300 acres, 
contract between and Cave Hill Cemetery Company, 
title of property condemned, to be vested in, SSW 
shall have thirty days within which to make compensation in cases of con- 
demnation of property, 
incorporation of continued, . 
power to govern itself, . ... ..-. baits: RieBine Pater ened tate 
contract and be contracted ee 
sue and be sued, 
defend and be defended, 
acquire and hold property, peat Go Compas ni 
use, manage, improve, sell and convey, rent, or 19a property, . 
have a common seal, change same or act without it, . 
departments of government of, 
seal of, ; As a ta a eH AM ah oN Ie ean Gates 
common interests of and Teter son Coane may ns arranged by cpa ttney 
actions of law between, and County of Jefferson, authorized, . a 
joint expenses of, and Jefferson County, may be fixed by contract between 
General Council and County Levy Court, om 
stock held by in Louisville Gas Company, dividends on, how eapliol 
may at any time purchase the franchise and property of the Louisville 
Water Company, ie , ee. 
not liable in damages for hea of winks by ane Tonerine lender: 
ground Conduit and Electric Light, Telegraph and Telephone 
Company, Cyathea) ab ae PRISE SU aes re one 
shall have use of pipes, por aed etc., of the Louisville Underground Con- 
duit and Electric Light, Telegraph and Telephone Company, . . 
not liable in damages for construction of works by the Ohio Valley Tele- 
phone Company, : 
shall have use of cables, ete., of Gite Vv atley, Patenhens Gentes 


CITY PRINTING. See ApvVERTISING, OFFICIAL. 


CITY WEIGHER AND INSPECTOR, 
shall‘be elected annually bythe. Gounell) 026s 2 <a ee om cae) wer 


PAGE. 


198 
193 
1938 
194 


243 
243 
355 
474 
493 
493 
495 


372 


DD et = 


~I 


18 
ei 


INDEX. 139 


CITY WEIGHER AND INSPECTOR (Continued), PaGcE. SEc. 
comers Oniomenal ibe located. 1 trometenetctae Mais latinas an sda’ te ea? Ore 2 
SPOR RCH RE Tras Fotis al eg i SEEN Mapper AGT Raye es ele, OLS 2 
shall provide his own Sits cae Panne tare and weights, duly tested, 373 3 
shall weigh articles of commerce and certify thereto, ......... . 878 3 
register of weights to be kept by, . sual oe isbe ie eli - 978 3 


shall cause all weights, scales and balances used by him to he sated semi- 
annually by the Sealer of Weights and Measures for Jefferson 


County, 373 4 
PIMC etree POLICE. IPT wei Nata et a oy She MR helmet st Gene es ale. OLD 5 
fees of, to be paid by the person requesting the service, ../...... 874 6 
register of, to be open for inspection by certain persons, .... .... .: 874 7 
BIE HATE CER ULES ae Ase cout tercth 5, Manet ote ca Uc ta' Cor gies MNES Tag gnu Agente OTE 8 
oath and bond of deputies, . . . : BIRDS ins Ce ERR ee aaa hoh OTL 8 
accounts of and quarterly reports to Geunom PP ae ol Mme) Sia erin yee eters eB he 9 
shall weigh all articles and things which he may be requested to weigh, and 
Gertily vasaine,, 177." Se. , Seas pac ath chy ea pete Seb Santee ok 1 10 
sellers of articles weighed shall pay all eon hey fp meter Pia ee eee eanea Fb 10 
shall inspect and classify and mark baled hay and straw, BOs is Cet pak eee 1] 
classes of hay and straw in bales, ..... Asa wee ope. COTE 11 
shall deduct weight of hoops, staves, ropes, etc., ana ienrk bale with its net 
WISE or oo. § " Gs . 874 11 
shall give certificates of Sanit ot Analie of ee or eas ane ~~ 
nim-and keep wecordsof such certificates, s/s. oa selina hotiwdias tals OTD 12 
fees allowed for inspecting or weighing hay or straw,. ......... 875 12 
fine for changing marks of,. . ... - ; ag ees FMI OTD 3 
fine for misrepresentation and deceit as ts ae or romenneate of Syeatess co LO 14 
fine for representing certificate of, to refer to another lot than it rightly 
refers:to;) aula eee : [ ; ERE oh Cc anak 15 
interference with while in the discliaces of his duties, fies re 376 16 
Brite alerot form allo weel lent: ea ee eee et le lech AG te AG? 0 B76 17 
shall ascertain net weights, allowing for tear as may be customary, . . 377 18 
shall not be interested in anything weighed by him,. .......... 877 19 
CLAIM AGENTS. See Pension AGENTS. 
CLAIMS, 
BAM OneAGUtics Inc respect 10. niheg tank em en eS bal Rn Malia es kage 2 a 4 
appeals to Council concerning, . °. ‘ rt big 41 OL 2 
of contractors, shall have Engineer’s cer rhfiones Natote Gray are Spresenthd: mele 3 
USOC J Wet el Bins Sie Ser Near Shs a Vout «Ae an ctaale ein aan, LO 5 
of police department to re pecated ane renresd EOnthly? atl, eer a era 6 
of persons employed by Street Inspectors to be reported monthly, . . . . 152 6 
manner of paying, from police and street departments,.. ... . ote 162 6 
Compromise Committee may hear and examine into all against The City, . 152 8 
against The City shall be made out in ea sem on forms furnished by City 
Book-keeper, ... . . . d ; ie ah gehen aero ke Sagoye LOG 9 
shall be certified by eiieer orders Seek or Piitarial ATT ets tr Gis nite eee eats, 9 
registration of, by City Book-keeper,.. . . PR chen or ea) Cue Ore) 10 
none shall be entertained unless made out Peene dines to ordinance concern- 
ing claims, . . : ee re . 158 1 


originals of, to be filed away i Clerk of Eiderraat and Pa iplicnted os be 
Giver Owner. OF Dis Set OT GG, air atten t eua tiie s van Bee la temg +?) LDS 12 


INDEX. 


CLAIMS ( Continued), 


when Auditor’s warrant may issue for payment of, 

pay-rolls of departments, how made out, . 

for work or material to be supported by affidavit, 

pay-rolls of City officers, how made out and certified, 

none shall be certified by the City Book-keeper, 

of The City against the County, or vice versa, may be eplected eee aie 

existing against City prior to January 1, 1879, appropriation of one million 
dollars to pay, . 


CLAIRVOYANTS, 


who deemed, . 
license TateroL Sse ayy aed ah gpa oe ancy Or cae eee ae 
fine for not paying license, 


CLERK OF CITY COURT. See City Court or LOUISVILLE. 
CLERK OF BOARD OF ALDERMEN, : 


shall file originals of claims and deliver attested ae hey 

a member of the Election Board, 

shall file and preserve all papers and doeninerts Bee upon tie the atten 
and which originated in Board of Aldermen or which have been acted 
on by his Board separately, . 

shall return to Clerk of Board of @ouredned all papers riick beta 
in that Board, : 

shall prepare Foner of pr eae Sarthe. 

shall certify to Clerk of Board of Counaieter ane allowed, 

shall keep a correct journal of his Board, . 

shall keep a record of all ordinances passed iby the Conner 

shall grant and certify copies of records, ae seth 

other duties may be assigned by joint resolution, or “ise a nomiauttee or By 


the Mayor, saa leetet a pil Os are perme para kee ie ak eran 
penalties and bond of, 
fees of, 


shall not be paid for copies eae papers fur hished Chige or eres os 
salary fixed, 


CLERK OF BOARD OF COUNCILMEN, 


shall file and preserve all papers and documents acted upon by the Council, 
and which had their origin in his Board, or on which his Board 
had acted separately, . 

shall return certain papers and anca ments 6 Anite of Ride men, 

shall prepare report of proceedings, 

shall prepare a journal of proceedings with mdias hereto, 

shall keep a record of joint resolutions, 

shall prepare bonds of officers, : 

shall grant and certify copies of records, 

shall issue all apportionment warrants, . 

additional duties may be assigned, . 

penalties and bond, 

fees of, : 

shall not be paid ie copies far aed Giga or Riste 

shall enter all apportionment warrants in a register, . 

duties of in reference to apportionment warrants, 


356 
356 
356 
356 
356 
356 
356 
356 
356 
356 
359 
359 
359 
309 


INDEX. 94] 


CLERK OF BOARD OF COUNCILMEN (Continued), PAGE. SEC. 
shall give notice to applicants for coffee-house license,. . . . - . tt as ote 20GB 3 
shall give notice to applicants for tavern license, ......... =... 428 100 
SLRS Cate DN. cor oe Shy cad el ee eae ern ee es ei ye eM Se wey ATE 33 
duties of in raeaents to making out and megistering apportionment warrants, 513 7 
duties in reference to making out distress warrants for the collection of 

WEORIS tet usin cas Ree ig he we PIP Re hte cu een 778 18 
compensation, . 778 18 

CLU B-HOUSES, 

Pieriaer CPP PN wo, (TT) eae We pet wre Nie SoM. VOL) ys aby es Aaltirl @ wen tt tOD 32 
SE TISI ORCL IO CHISO: hn ce Wud ohh Lag teen) Sos ey oe (Se 4 PS AOH 32 

COACHES. See Hacks. 

COAL, 
vannel, anthracite, or bituminous, shall not be sold in quantities as great as 

twenty bushels unless weighed by an authorized weigher, . . . . 3879 26 
dealers an may select: theirwown weighers. /. 3. ee Ee cleo s 2 elo 21 
eer aac Ol ay GL DUTS Sans Arye eee ree Oe ent ah NEN aks! Ayeaes™ Ole 27 
weighers not to be authorized unless competent ....:......... .°..... . 879 27 
ORL ie Gua ia Ww Ole Crewe eles AS Geen suntan he Iam te ered bi Sa eeiMay as oO 28 
certificate to be issued by the Atarod RIC RATER eee ge Meh OLD 29 
fine against persons weighing without authority or in violation of ordinance, 379 3 
Lie rer uve Wen ItCKs Olde ims 20 Asi tok gl eeeetcr! o xser VAs ee a iecltn HIN eum ue BLL Oro 3 
dealers in shall have their scales eared by the seals of weights and measures, 379 31 
Pare veronevline “WibhOuUl Nels DIN, was See ea wees acd pe mien Pa kg Fibs OOO 32 
PEC Caen es He Gordeulors -RCAled ge eaairircs ia Sent oe nop lr ee ft eee BOO 32 
Mel ere SGC KGLS, bes i | Aer eae em ae te Meee a Od Arete Pt. oe he me eM a) ora () 3e 
Diyeterininy: Nave; lOade reawele Qed ms pe A een a #2 Pea eee het BRO 3 
fine fcr short-weights, .... RELA arse ie? el tote Ue ta eS eae oOU 34 
measurement of the standard Hoanel: ates PoC, ime, cae ee ae OO T 36 
Ste Come Sats Dp COR ICL te wc) ttre: fee aula are eS Gite Se das se eG 38h 36 
Cinscee Ten ea cree oa ue eee al. Wire aves td oe AR Oy Sate iy, ODL 37 

COFFEE-HOUSES, 
etdiaotes fp Vheerisa, LYK OC lies inne te ei ans ta Ae!) Oe oe tos hese «406 33 
BEADS IH CahOnaCCOUINEN Var see Sg tek aay 3 ged, LENE Mia cat too Fsde Feb 2h ols oaca: AUG 38 
action of the Council and notification to applicant, ........... 406 34 
payment of charges and execution of bond required,. ....... .. 406 34 
LORMAN AITO S: OL DONO. go). leis ee | Cd aby c cas ev uetorig triel sere. 406 34 
LAB Pechor sd, COruimcate, 0 io. re IA “PE g, SN ae Gee ene ae eee Le) 34 
classes of coffee-houses for license purposes,..... '. ..... +... 407 35 
rates for each class . : meee Ate 35 
Seer ra kivel bec LSGS ve oe eo) | oe ter eRe ee SOE TA Sonam, Stain eek ry yWhd ol seen AUT 36 
limitation of license as to time, place and person licensed, . . . . .. . . 407 37 
all licenses to run from date of issuance, ....... yeh Ce ane ee is meee CNY, 38 
license certificates to. be exposed fo-view, . 2... 2. we oe ee aes 407 39 
closing up of by Mayor’s proclamation,. ...... i Tear SR me OEE 40 
Rheeer wioiasion Of Ordnance sasr cease tee. Mics | ett, Se ives (AUS 41 

COLLARS FOR DOGS, f 
Babe ueeviued Dy Sinking HG n et ae me ns ey me eye hs, vAOO 48 


COLORED SCHOOLS. Sce Scuoo ts. 


949 INDEX. 


COMBUSTIBLES, PaGa. 


may be prohibited or regulated by the Council, 
COMMERCIAL. AGENTS, 

who deemed to be, . 

license required, . 

rates of license, : 

fine for not paying license, ork : ba EP Aw oS 
COMMISSIONERS OF PUBLIC CHARITIES. See Boarp or Commis- 

SIONERS OF PUBLIC CHARITIES. : 


COMMISSIONERS OF SINKING FUND. See Stnxine Funp. 
COMMISSIONERS, POLICE. See Boarp or PoLicE COMMISSIONERS. 


COMMITTEKS, 
Compromise Committee; composition, authority and duty, . 
Fire Department Committee; power to buy or sell horses for the denser) 
Street Improvement Garmin appointment, composition and duty, . 


COMPROMISE COMMITTEE, 
establishment of, . 
who compose, . ee ard eae ok PRN Ae nl Os Sil : 
authority of, to hear ma examine into any claim against The city 
report result of examinations to the Council, 
CONCERTS, 
license required, 
rates, 
CONDEMNATION, 
charter provision concerning, superseded, . 
may be ordered by Council in City or County, 
orders of, to be by ordinance, et RPE ae 
proceedings for purpose of, to be Peete be City Attar ney, 
warning orders, publication of, 
joinder, of defendants iy) saa « 
jury, precedence of trial on docket, 
oath of jury, . : Deter Gente es : 
cases may be ened to a aes as soon as penion ase 
verdict aud judgment, : : Ao ee : 
compensation by The City shall be ROGE Ww ha ehireg CREA ; 
CON DUITS, 
right granted the Louisville Underground Conduit and Electric Light, Tel- 
egraph and Telephone Company to lay, 
right granted the Ohio Valley Telephone Company to ah 


CONSTABLES, 

one in each Justice’s District provided, 

election and term, . 

commencement of term of aoe 

deputy constables, PRY SO sir. a sal ON Che SRR Ea 
CONSTRUCTION. See IMPROVEMENT OF PUBLIC WAYs. 
CONTESTED ELECTIONS, 

Of .city officers, st. Ges cree eee ee ware wees, ial ee eas oe tee 

of members of Council,. . 

notice of contest,. . 


283 


408 
408 
408 
408 


208 
208 


SEc. 


wom CO ow 


12 
18 


INDEX. 943 


CONTESTED ELECTIONS (Continued), Paar. Skc. 
HEOGIVe Frese WON so ivneh sae Pome ae med ee RTS ee Eh ae Wr GS eT 2OB 14 
WHOMEVER Los, CIOCHIONG,, Ny. See eat aes sas ee ew te) ale 209 15 

See ELECTIONS. 
CONTRACTS, 
for keomine publie wells. clebt and. Mt OTGeI Ara went) Sa tee =, ty wn te = LAT 7 
PEOPUMIONI OLN Pu oie, bhi cel ve oe apc Co teeth eee ee LA 8 
for work and materials to be aw aeied reat lowest and best hacer ee OR EA 1 
time of executing work under, may be extended beyond fiscal year,. . . . 159 2 
for all public works to be let by the Mayor, under advice of Engineer, to 
ROWastanenn DIG Os! ee tees Ue Se ye eee el A eT we oo TBD 3 
Bile Meee aC GDONOd. aera ens we RMS Rene rn ig ee a ts ee LO 3 
failure.of persons to whom work is let, to enter into, - .. .:0:). « .*. 168 4 
re-lettines and re-advertisement: by: Mayor. : ace spr ui Ky she. w ws. 168 4 
failures, forfeitures and disability of bidders, . . .. eS als tf ae Ld 5 
to be attested by Engineer and submitted to CP aatal for approve ear es LOD 6 
violations of, to be reported to the Council by the Engineer, ....... 166 7 
sUsnension- aun resin pion OL WOrkoUNder wut wey eee ele on. LOG 7 
michorized netween The City and: Gounty,e 285 1%. 2) Oe ar ke. 174 1 
as controlled by County Levy Court, =... er ere es ; 175 5 
involving over $100 cost require yeas and nays to te Pe ecaath ih 

CORLEACH kaise ate ds nee ars ch bone Mees feok iets id hs, Gaal ee LEO 8 

members of court not to vote on propositions in itch thea are inter- 
SAU Saves esos a Reem eed hog, Celie odie eet ae fig a VIE eee ae el L7G 9 
duplicates of to be preserved by City Engineer,. . . . My aT Meese 5G) 9 
City Engineer to cause to be carried out all contracts with The Cite concern- 
Ine publicowh yh. etc BN Soph Us A Bel §?) 9 
members of General Council all ae te raterenads in, a i The City, Eres BOS 1 
for street repairs and footway crosssings, how let, .-<-. .<, 2 2 2 2... 619 3 
when cancelled may, be re-let, . . 2... : , cakes ease. 8 1) 14 
delinquent tax-payers crequalihied from making with The City, $a ian ita) <hte) 29 
contractors’ bonds, . : 876 
PAVU ee Lele AGG (se. pa ekg! Mets cae eho A ty cae pear ra? s “ora ee Va) i! 
SCL EG STC ie Ue re UO ref a Sa OR paren Se Rita gel UE te Pan a eroto 

for. removing dead animals. 05>. ao Ree SE at gt ie OR oH 26 
requirements. of... 2. 0°: eae Wy bo eh ae eee GE eect hE 27 

COOK BENEVOLENT INSTITUTION, 
incorporation of, oi : ; oes a Le 49 
managers; duties, Sane terms of Sited sib 7a ie ; Ae the he eae con od Cee Lok 49 
PILLS G01 55) 2 Coens Bye athe (eee aR Rn he ee a eer eee er nese B:8 | 49 
chartering act of, revived and Renrued PN eh 8 Sins: ty: tod ee Peete LBS 50 
managers of, may erect an hospital, : 133 51 
means to establish hospital, .. “ .. . veer: Hele sit 4 hs Paden, See RST LES 51 
Bncpocwed te-sell its paal eatates 41) Soy See hii ha eo uy A ys 184. 58 
re-investment of proceeds of sales,....:.... Se eh com Food tao Cae SY. 53 
saleata be by judicial determinations.” Gy ama ees asp) ale Beet saezs 184 5S 

CORONER, 
may hold inquests at the instance of the Health Officer, . . 2... Suse b> BbG6 19 

CORPORATE POWERS, 

General Council may pass all necessary ordinances to carry out,. . . . . . 850 18 


See City oF LOUISVILLE. 


944 INDEX. 


CORPORATIONS, 
when treated as residents for purposes of taxation,. . ae 
commercial and manufacturing, stock of exempt from taxation, . 
CORPSES, 
shall not be removed for burial save by permit, 
may be removed if Health Officer fail to grant permit, 
exhumation and reinterment of, in West Louisville Cemetery, 
unlawful disinterments and removals of, 
brought to City by steamboats, e¢c., how buried, 


shall not be removed for burial or ey he without permit of BOkra of 


Health, 


persons in charge of bur Wire reas shall not enter or pinch? ina ear: mith 


out the burial permit of the Board cf Health, 


CORRECTION, INSTITUTIONS OF. See Boarp or CoMMISsSIONERS OF 


PUBLIC CHARITIES. 
CORRECTIONS OF ASSESSMENTS. See Taxus. 
CORRECTIONS OF TAX-BILLS. See Taxes. 
COUNCIL. See GENERAL COUNCIL. 
COUNCILMEN. See Boarp oF CoUNCILMEN. 


COUNTY, JEFFERSON, 
City charitable institutions may be located anywhere in, 


property in, may be condemned by Council for municipal purposes . 
General Council-and County Court may contract in relation to common in- 


terests of, and The City, ere 
actions at law between, and The City authorized, 
annual joint expenses of City and, may be fixed by contract, 
County jail controlled by Council and County Levy Court jointly, 
County salaries paid by City, ‘ 
See Caner eee cece 
COUNTY COURT, JEFFERSON, 


shall have jurisdiction of appeals as to commitments to House of Refuge, . 


may commit persons to House of Refuge, , 

shall approve appointment of deputy constables, 

may not change the Justices’ Districts, 

Clerk of, shall register mechanics’ liens, e: 

Judge and Clerk of, members of Registration Boar ny 

See REGISTRATION. 

COUNTY LEVY COURT, 

who shall compose, 

quorum, . ; 

times of meeting, 

COM PENSAablon, > awere ses Ae OURS 

duty and powers relative to contracts, 

may adopt rules and regulations, ia 

may regulate the Sinking Fund of County, 

have charge of financial affairs of County, 

appoint Commissioner, . 

eovenaniioet COMM ISsIONEr&> Were oe ele eee 

presiding judge of, 

meetings, how called, . 


PAGE. 


7738 
790 


066 


SEc. 


8 
49 


oR BO CO 


oO 


945 


COUNTY LEVY COURT ( Continued), 


Wertriaomn as (Osan SY CONLLACES, ~ Glew we il ce we we fg ee 
voting by members restricted in matters of levy or appropriation,. . . . 
TE NMOTI BARE oF cide wg a, | eam RC EON Nd GID Mean PUNY | ipfe eat de a 
may enter into a contract with the General Council to fix proportion of joint 
Se utinerai ey nem ON: COUN: oh head ort ok eM Netetnts eialds whe = oiled a ve-'.6 
remeber as US levied DV; 6s.) eta ee) elt aed aie abe Ueled hetl es won 
fine ennon tiny pedevied: by. jets deg aaiwecsints Tee gels ek aes 
members of, may .be fined for not erecting and keeping a suitable jail,.. . 
Shalivelest Sealer or Weights and..Measures, +... 6084 “she ibn,» be gare ges ve 
Sealer of Weights and Measures shall ae BHINUSE TEODORO. Fe gat oe 


CRESCENT HILL RAILWAY COMPANY, 


grant of right of way in Bridge Street, Hamilton Avenue, and Payne Street, 
laying PIL Y Ot (OL CECH g. acs Roa Cat sa ae dags ee kes el Oh sen ue cwtee 2P o 
Pre mO me CISe at yee ea) ATEN ea ka a eeeedss re ery era a ot 


CRIMES, 


ev Mp asym eerie BIL LAK) nec ad Sie od sca he Sho et AER aoe Sak ah 
governed by. contracts of Central, Passenger Railway Company, .. . 
SCALE THOU ORA WOLK, iret rr vee cd VS Een eR heehee Ee I. et cae) 
Pieaemrm nce LeOrre UIEOC, «4% «fata akon aah Pia en Saal Roe eae OR Op ae? et pcan! akg 
STE ORO E I OPEN. ort ia eal) oo Sere | wpe (ate a Pen oe ie ter tuk 
Darhind erdestroying- Oligo wi ver brid ress<19) / a s-1te AOos al, oP eee ee oe 


officer making or permitting others to make false entries in is Niche. Pe 

officer receiving money for his vote or influence, . . .... 1... . 2 

receiver of Taxes converting money to his own Use,.). . 2. 2 2 2. 

unlawfully destroying, altering, or concealing registration books, . . 2... 

PHAMP OAC Sr SEIS tT ATION G. lig ich hist st <claAia pel geael wrhini Rafi ge was ke er ug ae + a 
See EMBEZZLEMENT. 


CULVERTS 


power of anne LOPE OT ETC: LOTUia s. Beh ideo) ate a aR eULe) oa? Ame ee ee 


CURBING. See IMPROVEMENT OF PUBLIC Ways. 
DAIRYMEN. See MILK. 
DANCES, PUBLIC, 


Rineereeer LOGINS 3 JF ao fies inn he ont eR PAS Gy ie Oe ew aS LY 
EE AIDES MO Omagh Oe det oe RIN LS Gad 2 Weak cn i ae 
Tie ommOLCOMpLyINg With Ordinance, ~ omer mee cs ee. a MS hs eles 


DAY, 


DMAeistoIANOlire to CONS LILO t, WOOL KING seraee ie cots 7 3§ cs°,,6- 05 (30-08 aT eG 
Pree TR Ate oon! cca Sp gel aToetee NER Bam gaan” Od UW go od ka ahs 


DEALERS. See MERCHANTS. 


DEATHS, 
certificates of, to be furnished by physician or coroner, to family of deceased 
Onto person SUperiInuenNGIn ge UTIs, shi ade. es eS an ty we es 
POPC eGLOL CHEN GOED CAUGD) sveutee nwt Noy niece Soko iy doce, doe ‘Dy co) hep 
register of to be kept by Board of Health, Bel co ort eee e SiaR As 


DEBRIS, 


Pee OTAt COI SIKIG WRI KBs Au on pote Genes pied esl 5 y)  adh eke A LAk Ab aeee ls 
Panties Ol, tora ebrcete Anda leve ys Mie 3 3. Me ag ae hy ee 
60 


PAGE. 


176 
176 
176 


626 
626 


627 


204 
468 
469 
630 
642 
642 


SEC 


946 INDEX. 


DEFECTS, 
in proceedings for street-improvement, 
in, leyy-ordinances remedied, 1. che ee oss re, vee 
DELINQUENTS, JUVENILE. See Hovusk or REFUGE. 
DELINQUENT TAXES, 
persons owing, placed under certain commercial and political disabilities, 
See TAXES. 
DENTISTS, 
not required to have license, 
DEPARTMENT, ASSESSOR’S. See Assxssor. 
DEPARTMENT, ENGINEER'S. See ENGINEER. 
DEPARTMENT, FIRE. See Fire DEPARTMENT. 
DEPARTMENT, POLICE.- See Poxice. 
DEPARTMENT, STREET-CLEANING. See SuPERVISOR OF STREETS. 
DEPOSITIONS, 
in contests of elections, 
DEPOSITS IN BANK, 
by Commissioners of Sinking Fund, . 
by the City Treasurer, 
DEPOTS, 
removal of depot of the Louisville, Cincinnati and Lexington Railway Com- 
pany from Jefferson Street authorized, . 
DEPUTIES, 
of Clerk of City Court of Louisville. . 
of Marshal of City Court of Louisville, 
of Constables in The City, 
of City Weigher, 
of Sealer of Weights and et eS 
of Receiver of Taxes, 
DETECTIVES. See Pouice. 
DISEASE, CONTAGIOUS, 
penalty for introducing into The City, . 
DISORDERLY CONDUCT, 
fine, 
DISTILLERS, 
who deemed to be, . wits Nees 
classification for license PUTPOSCS, =e ee ape ee ad 
rates of license, 
fine for violating Anctaene : 
oath required of applicants for license, 
DISTRAINTS FOR TAXES. See Taxus. 
DISTRESS WARRANTS, 
use of in collection of unpaid taxes, 
form,* 
levy of, . He NARS Pat (a 
See TAXES. 
DISTRICTS, 
City divided into Eastern and Western, ........ 


398 


29 


10 


45 


INDEX. 


DISTRICTS ( Continued), 

/ City divided into Justices’ Districts, ........ 
for purposes of street repairs and footway crossings, . 
City divided into sewage districts,. ........- 
City made a common school district, . «. 9... s"'. 


local school districts, how established, ....... 
scavenger districts, ...... eM ie aee 
DOCTORS.. See PHYSICIANS. 
DOGS, 


owners or keepers of may be.required to keep them confined, 


fine.for suffering to run at large, .. ...... 2... 


such as are found unconfined may be killed and removed, 


ferocious, owners or keepers of may be fined, . . . . 


barking, howling, or yelping; owners of may be fined, . . . 


- 


Council may, by ordinance, give protection to dogs as property, 


Council may levy annualtaxon, ..... 
Owners. of required to.pay license, . .... . . . 2s 
POURCE Ot MGRTISEC: COPS Ie vee hal ut no teen iets 
registering of licensed dogs, ..... 
fine for not complying with ordinance, 
DRAINAGE. See SEWAGE AND DRAINAGE. 
DRAINS. See SEwAGE AND DRAINAGE. 
DRAW BRIDGES, 
regulation of persons and vehicles crossing, . .. . 
DRAYS, 
legal charges {OR BAGUNS Ole 75 eet: ok A ce oot es 
fine for receiving or demanding higher drayage than 
See VEHICLES. 
DRIVERS, 
POC IIETONS QOUCOIN I, (Natt e,, Shree Rs Sle oh 
found out of reach of reins when vehicle in ions : 
See VEHICLES. 
DRIVID NG, 
Mice tt Pe OULALEG acd se Sear.) Panels ic, Ge b= eg og 
fine for violating law concerning, ......... 


DRUMMERS. See SAMPLE DEALERS. 


DRUNKENNESS, 
fine against persons guilty Off. 2 <.) skeen we ee Oe 


DUMESNIL, H. A., 


authorized to construct and operate a railroad track on Ormsby Avenue, . 


Cesoripiion on location Of track, (7 o.: dies a et as < ,<\ 


manner of constructing, ... . ie ha er 
Bled HeCOrIECHION Si .0 <0, sik ka ke SE hal Aes Se 
temporary removals of tracks, ... ..-+;%.-.. 
side-tracks and switches for factories, ete, . . ... 
Bier PORE DE UNITORM ee 2h. aia. cobee ee al, =! «jee! s 
Ragmen at intersections, ) oo) a Pye Maia ss es 
FARGO BP OU, 85.6 A em wer eh ae eee 


The City to be held free of Annee ee ee ae oe 


- 


e 


° 


- 


- 


* 


is allowed by law,. . 82 


- 


- 


PAGE. 


Aes, LOD 
Py OL 
687 

672 

648 

21x 826 


—~I 


b> bo dD dO DS 
aN 4 
GS oau 4 


oo 
Or 
bo 


294 

. 294 

ee 6 

ue yi 
ee LS 
- 560 
560 

wrt 060 
niibb0 
ae a) 000 
Shin? a GU 
. 561 

pee bG1 
Mera sc0G L 
A ee a 


SEc. 
67 
12 

1 
41 


3 


54 


11 


19 
20 


30 


948 INDEX. 


DUMESNIL, H. A., (Continued), Page. SEc. 
acceptanceand contract, u5: lites, stein Dee See ek 30 
time for completion Of work, ‘se. v ess) er ei ey ey ete et 31 
duration of franehise, . . . : AE See te an ee ay ee are ene 32 
franchise transferred to Coritral Transfer Chnpaan PP diel iber dina en D cee 58 

EASTERN DISTRICT, 
creation Of) oo. ood io Saree Belt Ue [ie bap ns aah eck cd sae) th eee ee 7 

EATING HOUSES, 
described for license purposes; (7. ais aos. teadigy es ce ath en 51 
license required. 70/5) eae Moot Ye! aie ON AENEAN tS crs eae ne 51 
rates: of license,’ < c- jo0 Be Re ES ep rh Oe om Oe es ek ey 51 
fine for’not paying Teense, AP See ego a ete ee ee ey oy 51 


EDUCATION. See Scuoots. 
EIGHTEENTH STREET, 


right of way through granted Louisville City Railway Company,. ... . 603 65 
EIGHTH WARD, 

boundaries of 7). gs Pe eae ces ee 16 
ELECTIONS, 

Election Board established sc. 45s om) =! Getngst ater te ee eee aah sie ees Spr ee en 1 
who toGém poses 9 274)2 2uey Sk ie oe eee oe a 
appointment, dutiespvacaneles,” clu, ut a-ee icpete near ee a] 

firat general election undericharter,: <*>. oes oe ee ee 2 

time: of keeping polls oper at all Clty, 20s wees eo hoes ee ec 3 

qualifications of voters,.... : Bo ee PD oe . 205 i 

voting places and precincts may he lagenaied ie Tepe al 5 Aas Paaintlae | tote ON 5. 

officers of siaty be appointed by Counelle. 5. = ise. psn permease eas te 5 

pay of election officers,. . ... % 3 : sea ee coi ye 2S 5. 

in The City to be conducted like Sthte Teta St PRP p ad; shit wee 5 

special may be ordered by Council to ascertain popular a as S proposed 

charter amendments... p03) 5. eee See Bore eee Zarer lee 6 
notice required for spevinl election, (4A ane en ee en ee Ge vj 

poll bookwtocbe used “at 735. ahha SSIS pee Cae ronan ee ene ee 7 

Officers, 
duties; v's 8 SP Ae eG Ride a ee ee 7 
fine for violating ordinance, . . : BT aay Pan onr: PAL If 
two judges, one clerk, and a cherie a Sati iene ype baa cere om tc an eae 8 
appointment, term, duties, oath, vacancies, penalty,. .. 9. .... .... 207 8 
compensation, .. . SR Me Bre me rey eS hy Rg SP ha Los cy ads 9 
election roll, report of, % Goutei: Pe ge te epee (omen te ye ila 10 

contested, ‘how’ determined, < (isc voAU sheets, ye ae en eae a oar ee Li 
board established to Meee GON URES Tau. hee ee mn aha rune Ale: 11 
when election of member of Council is contested, no abideenitad! heat Abe} 12 
notice of contesting election required, <3 7.1 2°) Jee te. 20s 13 
depositions and: other’ proof may be taken; .-5 4.2.5 3 tees see eos 14 
who may contest \eleeitons, sc. (00 evtot 8 os ag en ce Sees ea ge 15 

by the Council, how conducted,. . . kee) Dn Dee et Sa, eee Mey ead 

of newspapers todo City advertising: Sis.) reel #e ue ee 1 1 

how special elections ordered and conducted,. ............. 209 17 

shall not.be held in engine-houses or policestations, .\. 1°) 2.408 22.5. 209 18. 


precinets:and places.of-votuiay +. = Titannties to 2 to eee eee enon ans Bt Gee aC 19 


INDEX, 


ELECTIONS (Continued), 
First Ward,. . 
Second Ward, . 
Third Ward, . 
Fourth Ward, 
Fifth Ward, 
Sixth Ward, 
Seventh Ward, . 
Eighth Ward, 
Ninth Ward, . 
Tenth Ward, 
Eleventh Ward, 
Twelfth Ward, JgeMaP Ls Renee ee 
See REGISTRATION. 
ELECTRIC LIGHT COMPANTES, 
certain property of, subject to taxation, ES A APY TRS ae ae! 
ELEEMOSYNARY INSTITUTIONS. See Boarp or CoMMIssIONERS 
PUBLIC CHARITIES. 
ELEVENTH WARD 
boundaries of, . Toke. ch ae ae 
ELIZABETHTOWN AND ‘PADUCAH RAILRO AD COMPANY, 
City’s subscription of stock, 
City bonds authorized, POL, et eS 
an annual ad valorem tax to pay interest on ott 
further provision for, 
ELLIOTT’S DIGEST, 
declared correct and to be received as prima facie evidence, 
EMBEZZLEMENT, 
by City officers, a penitentiary offense, . 
by Commissioners of Sinking Fund, 
by Secretary and Treasurer Sinking Fund, 
See CRIMES. 
ENGINEER, CITY, 
applications for building permits to be made to, . 
shall inspect locations of proposed buildings, 
may withhold approval of application, . . 
decision of, may be reversed by Mayor, 


shall transmit building applications with oro te the Brean s office : 


shall examine premises where buildings are being erected, 


shall certify to contractors’ work before claims therefor are presented, . . 
shall: not certify work if contractor has failed to execute according to con- 


tract, a ics ay Wome wa 
shall wee no Saou in apenas of work, ; 
shall advise Mayor in relation to letting of public works,. . 
furnish form of bids, . 
open bids, . . > leo ahs AR Soll cele iis 
report violations of contracts for eras ae 
suspend execution of work under contract, . oie 
notice to Council of suspension or resumption of work, 


certificate of, as to performance of contracts and furnishing materials, re- 


quired, 


PAGE. 


209 
210 
210 
211 
212 
212 
213 
213 
213 
214 
215 
216 


709 


bo 


bdo 


CON Ot Re B® OO NO 


INI 8S0\ 0 WP PDP 


~] 


co 


950 INDEX. 


ENGINEER, CITY (Continued), Pace. SEc. 
shall not certify accounts of contractors who have failed to prosecute ac- 
cording boComtract, 1.0) F vigs. a bies a re ee nce 8 
shall not certify contractors’ accounts in advance of WOPRKY Ta cee phe cise 166 8. 
shall not certify contractors’ accounts until refuse material and rubbish Be 
TOMO VEO leisnse 215. Rn rap sig tm cme fat, mn oc ar LO 8 
QING Created ng kta ne ee yh he Ue oe a toe a 1 
nay appoint assistants and employer,  .)Gi - st ee See Le 1 
election and: f6rmiyy 6 ps). BULB wiinsane tata rg Tenn oo ee 2 
shall have direction of public orks silence Slog Seni nee at ik eae wd Ge 8, Bam SRA eo ace 3 
duties to be prescribed by ordinance, .. . . FF sch htc oe es 4 
compensations \ y's") ss AL ee ey, eae ene ay se ne 4 
bond and: spret ys: ic. + epee mats se ee tia ee ee ee © ap ie MoneSe a agree ES 4 
ordinances necessary to efficiency of his department shall be races by 
Cotmeil 5.) cite tail lec tie cre aces eae ice, ‘hina rake 5 
department re- puta iched and continted,.- . os. Po Seac steer fee et ene Bo 6 
officérs:and force of ‘the departments, (yen tess ae ee eee en ie ae ee fs 6 
shall have control and direction of the department, ......... .. 219 7 
Acting Engineer in case of inability of Kmgineer, os. 5 Pa ee cee 8 
Duties, 
have records of .departmenti/Kept) s/s 4 +.) eee ene 9 
have made a topographical and drainage map of City, and keep a reg- 
ister, of ‘field-notesiy st so ae ee oe me 9 
have madé.a sewerage map,’ 9) eh syle ees aie ae. oe no 9 
prepare and keep register of contract measurement, efc., . ..... . 219 9 
make and preserve maps, protiles.“ctryn.y., bes ape) aoe ern me ot 9 
make reports: to, Councils) yen een ce eee Py tiee, SN cee ee eae ae 9 
keep communieations, contracts, accounts,vete, . sn en ee ee? 9 
make out:and-submit apportionment bills, S02 4285). ee ede 9 
preserve instruments, plats, surveys, cic sb ac). fee ten eee ee 9} 
superintend the execution, of contracts. =): 20.) ee ca ee 9 
have charge of all public works Citysa. 9 eee so ee ee 9 
officers of department,.general duties of .\ cays ee en eee” 10 
fine for hindering: or obstructingy:-2 ay Pesan fe eee oe 10 
shall cause closing of ways under improvement, Jy gota Sey SSE oe a 11 
fine for removing or disregarding Darrier,. ae. 6 4.) 1 cae ee ee 11 
extend street lines. in. advance of improvement, 0. 7. 925 5 ow os eel 12 
department may supervise the laying of gas, water, and drain pipes,. . . . 221 14 
department may supervise the removal of parts of streets or sidewalks for 
building purposes) <2 BAN 2 pe mat aay ee rr de rs ere pees Me a 14 
permit of, required, for removing parts of streets or sidewalks for building 
purposés or laying, pipe: as Visiems tee satin eae gh Fao Shae retiree b 14 
shall inspect and approve all connections with sewers Herore covered, 5 29.7 221 14 
authorized to appoint an Engineer in Charge of Streets and City Maas eee 16 
authorized to appoint a Clerk in Charge of Buildings and Street Repairs, . 222 18 
authorized to permit property-owners to improve their sidewalks at their 
OW CXPOTSG,. ie a! ieee I a ian atte Ge ta At eee e ak RE ene a 15 
authorized to appoint) Book-keeper,ic.s age oe ty a te ee 20 
authorized to appoint assistants and employes," 2 2 foo) ee 222 20 
shall appoint Inspectors of Bowlder, Macadam, etc.,......... . . 228 22 


shall prepare and keep duplicates of grade-maps reported to Gann of cee een eae 28 


INDEX. 951 


ENGINEER, CITY ( Continucd), Pace. Skx¢. 
may direct the abatement of nuisances of stagnant water and other sub- 
BU RRMRICIEL Er Onis, GGA t ht kl.) chee oes a a a BG 55 
O flicers of Department, 
Engineer in Charge of Streets and City Maps, office created,. . . . . 222 16 
PEARL VO HOe OW Palit. ae oetete 4 het fey hie Nel eet Oi en ae 222 17 
Clerk in Charge of Buildings and Street Repairs, office eréaied,.. 74... 222 18 
BARRO ENC WT DAIGR Sa) Tyo ela) etn atu aac Me ew oe Pea iatt a Coes 1 222 1y 
BOGe-eetiar, Oll0G Crentet ste oe ee na ee OP aba, dee soe Tks 222 20 
BEULD Ve ee OMW SDE eg eek se tas orth ice Rae y oe /Ph gneeers Lem « 222 20 
ALBIS uneineer, Street VopArument, Mi. Ly Moret a ee oe Se ate 2 Ee 21 
ASAT yea. Weve y tani ENE Fe Cnc b nc eee Facade & 29 oa) gle 21 
Assistant Engineer, Street denartnient W.D a es A dete Bed Pies are 74 21 
CAE SS Bc) ES ey a Re AN A Fy ac PY ahs Bic, RO Be Pe 21 
Assistant Engineer, Sewer department, E. D, EPO teeta Pan Eee oot 21 
salary, .. Phe ete fait sdin Maen Ma). aera By) ts Me Tee Pha eNeIy Ch iar us 21 
Assistant Engineer, Sewer decactnent Wey ea ee a OAR wt ete i Ge 21 
US ia shel oka be Op ROP MBE gta coe 4 hee te NPR MNP Tog os Re Sa KAS SUR aan ed mb a 21 
PAUSIUIN ATS SARAIY | Naat wh Rete g as he eee oe ie oh Ea ea RS PP 21 
EAD a PORTE cB ALATY, Wy oak tae ertestiee! ony PON eA Babee gia Wares Unies tent Oo; nous ds n'y ooo 21 
Assistant Clerk, /salary,'.c<.) en ol = PP! oboe Se Am tans 21 
Inspectors of Bowlder, Macadam, Alley, ens (sh ata ae Ene SS RY Ppp 743) 22 
SULT EY, eo Wan Ok phate tes OA a Lee ge er we gees 22 
term of office extended,. . . Sey Cay fy ae es, AE eA i Mal al nies ee: Wes) 25 
ST desitrss ig | Ro gN Rar ach ets egr AT - B Ae eA One! Winn a OR ot Rn ca ener tO: WL 38 
salaries of subordinates, .. . Load Meg Doct tet Fe tee GO Mer He he sania pe ee: a 3 
public notice of his Mesection of street oA other improvements,. . . . . 506 5 
shall, with the Mayor, let contracts for street repairs and crossings, . . . 519 13 
Shallonen prolora stoi OO pUubUGHWOrKy 2 cose % cik. 8 Sek eh. sue LO 13 
RUE OL pseeuerocolL Es NUUGR) cy iiemaee.. teks out tans Rents. Stee eine os PLO 14 
mAyewien tuedMayor; relat eunceled contracts, «fun a8 3 FS. cs ee 8 DIO 14 
Geo. C. Buchanan’s railroad track on Fifteenth Street to he supervised by, . 555 2 
V.H. Bullitt’s railroad switch on Magnolia Avenue to be supervised by,. . 560 20 
H. A. Dumesnil’s railroad switch on Ormsby Avenue to be supervised by, . 560 22 
Chesapeake, Ohio and Southwestern Railroad, to supervise work done,. . . 565 46 
Louisville, Cincinnati and Lexington Railroad Company’s road-bed, etc., 
construction of, under supervision of,..-. .... Weg ata Poe wie POG, 54 
Switches and side-tracks, construction of, to he Peper DYnE ae deotoine s gO0 6 
Elizabethtown and Paducah Railroad Company, to supervise extension of, . 573 78 
Louisville, Harrod’s Creek and Westport Railway Company, may cause 
OPOsS ieee tny Custos fn 5.02 a eine ER RG: mo dl I, «<a ds ete en cea SDD 82 
General Council and, to direct manner of laying tracks,. . ..... . . 588 12 
Louisville City Railway Company, to supervise changes of track and other 
Wore HUNG DW te. Se, sr pee etem gp ee fig ct ee neowral Gr Be. |, BOF 59 
Eighteenth and Dumesnil streets extension, to supervise, . ...... . 604 66 
Main, Fifteenth, Seventeenth and Bank streets,... .......... . 604 67 
PRbeNESGIt LOG St pOr Viseds D Ver cairo s cl fe We eS wenn Ml ey wate G05 71 
Citizens’ Passenger Railway Company, extension of, to be supervised by, . . 612 101 
Kentucky Street Railway, to supervise construction of, . . .... 4... 625 146 
Third Street, sewage and drainage on, how estimate of costs made by,. . . 688 7 


APA COnMOCH OTIS; UPS endsd: BY. ieeGa i opts A ate A ate 688 9 


952 INDEX. 


ENGINEER, CITY (Continued), 
sewage and drainage, men who, may be employed by, . 
grades and depths to be fixed by, Me eee Ren eT TNs |e 
may recommend to General Council, in writing, extension of time for com- 
pletion of contract for sidewalk improvements, . . 
must hold contractor for sidewalk improvements to account, 
must approve work in construction of Wyckoff pavement, . 
shall supervise laying of conduits, pipes, cables, ete., sich che hes Gen Sats 
may give Ohio Valley Telephone Company written permission to make ex- 
CavVatlOngs: fs) is" ve gage ake tlle doped Nee ats ree eee ee 
shall approve work of Ohio Valley Telephone Company in streets, etc., 
shall supervise laying of tracks by the Short-Route Railway Transfer Com- 
Panyy es ois ee ee Oe et cee ee 
ENGINEER OF CITY HALL, 
Mavyoranthorized “to €miploy,: neces wom een ei oe 
ENGINES, FIRE. See Firrt DEPARTMENT. 
ENTERTAINMENTS, 
literary and charitable may be allowed without license, 
EQUALIZATION. See Boarp or EQUALIZATION. 
ERUPTIVE HOSPITAL. 
Health Officer shall send persons afflicted with infectious or contagious dis- 
CISOS LO; 5 os eh apie 3875) aes teen on On 
ESCHEATS, 
in The City of Louisville go to the use and benefit of public-schools, 
reimMbUrssments,- ‘nse. Swen: So ceeeee Save ietneey Oeil I as ne er nae 
See SCHOOLS. 
ESTIMATES, 
OF DUNIGin gaya 4. soe aie eek 
for distribution or senool- tunes se cus lems wie acne 
for cost) Of. drain: COR NEREIONS,? en. Vee tes toe) ccna Ui eles 
EXCAVATIONS, 
in public: ways'to beaneloseds gy My wk ue ee ais ee yn eee 
adjoining public owaysito be itelosed,? awe ee a eae 
shall not cause caving in of the public way, ....... 
in publie-ways,/to. heiseourel yareed).:< a) sul cee © ieee at ane 
in, public: ways.te be-replacedste trate: ON itt tues age te se ewe ee 
fenting in and lighting olexctayations;= 5 Ai siety 2 oat oe) epee 
See PuBLic Ways. 
EXCHANGE OFFICHS, 
what deemed to be, 
TALGS Ole IGSNGG, <a a) hear ee 4 5 
to be classified by Inspector, 
EXCISE. See LicEnsE. 
EXEMPTION FROM JURY-SERVICEH, 
managers of House of Refuge,... . . 
auctioneers of Commission DOUSES «sie Ao kere co eee 
jurors in the case of Green v. Hargis, .......... 


members. of the General Couticilaaeeesa.s ane. 5. eee ee pha: 


397 


13 


INDEX. 


EXEMPTION FROM TAXATION, 
property and effects of Louisville Gas Company, 
property and incomes of Sinking Fund, 
such property as is exempted by special laws, 
such as is exempted by general statutes, : 
site for place of worship or charitable institution, 
property of city or town, 

exceptions, 

Board of Trade, real vanes of ae A ch 
Young Men’s Christian iesociation! property of, 
furniture of bona fide householders, 


manufacturing and commercial corporations in Cite of Water ville, stock of, 


primar em Gh On eee re he! as peo hen vec a) Va Ge ae Lae pa Ya 
Louisville Water Company, ce 
Re e TAXES 
EXPLOSIVES, 

sale and handling of may be regulated by the Council, 
EXPOSURE OF PERSON, 

fine for, 
EXPRESS COMPANTES, 

rate of license, . 

fine for not paying license, 


EXTENSIONS OF BOUNDARY. See Bounpary, CITY. 


FACTORIES, 
for explosives prohibited . 
CMBLS SEN HBA T COSh ok cota c We ANOS, fb cyt oge era ole 
erection of restricted, 
FALLS PILOTS. 
General Council shall elect five 
election and term of office, 
schedule of fees, 


FARM LAND. See AcrE-PROPERTY. 


FEDERAL BUILDINGS, 
purchase of ground for authorized, 
jurisdiction ceded, 


BXABIMLIOR TOT UAKOS ok eye 
FEED, 

for horses of Fire Department. . 
FEES, 


of sextons of City cemeteries, 

of Clerk of City Court of Louisy ‘lle, 

of Marshal of City Court of Louisville, 

of Prosecuting Attorney of City Court of Tewiseille. 
of Clerks of General Council. .... 

of City Weigher and Inspector, 

of inspectors of brick and stone work, 

of inspectors of coal, wood and lime, 

of gaugers, 4 da Pail 

of inspectors of live stock, 


es) 
i 
=~] 


~ 
fant 


~1 -I -I 
bo bo bo 


Co 
CO 7 


FSA A we ts tT 1). =). oS 
2) 2) 
<e) co 


“ 


~J ~J =~] bh 


4 


49 


24 
45 


62 


954. INDEX. 


FEES (Continued), 
Of -MeAsrrersciee MUteRore sta. tw le RE Angee Sh eed UN BD ok, ve 
OL-snepechors ofepork, (bee! “lard. nett o na ea 2 ere 
DISTHEDECTOLS, OL mae tata sass Popa oan es Se ae 
of- Sealer of> W oiphts;ands Measures, a) qo) Ase eee ene ce 
of) Reoenrér Oba axes. a. sath te a ts sian eee : ‘ 
of registration officers,. - 1. . . 
of. Glerk of “Board: of :Councilmen,: i). 5s. cate ae ee 
6f) Whurfmastery 0) 03h ah ee teh eek Oe 
Of Talis mplateyc, +}. %, alee scthe! ea LP lea ie ee AAs ee ee ae 
FELONIES. See Crimes. 
FERRIES, 
jurisdiction-qvernd control-of, vested im The: Oity, 02)... Gaerne eer 
powers.of Mayor and: Councilconcernimpos, «1.99 2.1 'sa ey ene eee 
niay esta bligh=and rerulete,». Jara dau, . bo se aeeieebs ie a Cre eniac ae 
limit: rates cof fesniaggiong) te oda Seen 8 se das eee eee 
preseribe fines and. penalties... {mao 2. soe or eens 
license and tax, . . ORES SEE eR es Ee Te, ue Ne i ee lah Mane 
not to be established within four Runaved yards, of eachother.) 22... 
establishmentof by. owners of ithe lends 2.) erwin ee 
regulation of “as thus €sta plished. ss she saan On eaeene ne an ne 
vehicles on Jeffersonville ferry-boats may be controlled and regulated by 
the person in, eharge ots boats a5 Utes, 2) ete rie eg en ee 
power,.ol. Council in relationsc0, e. . i ppmer ieee ime errr tet, sien ee 
FIDUCIARIES 


requirements as to payment of: taxes on property in charge of,. .... . 


FIFTH STREET, 


authority:to lay. street. railway tracks lity. 62a ecm - eee ee eras 


FIFTH WARD, 


DOU aPteSs «OF Wake ant eee PPE Pos ee te ea eA og I Pals 


FINES AND MISDEMEANORS, 


failing to-return property list, ©... 0. tie) Gnu. geon ons ee een he ae 
injuring or destroying Assessors’ records, wih oe <oN sae et degree 

violation of “building ordinance, ay, £17.08: is on een en ee 
violation of ordinance as to wooden buildings," 4.5 fe. ae eee es 
aiding or abetting escapes from House of Refuge, ...... 

aiding or abetting escapes ‘from St. Xavier Institutey  .. ... >... 52.) 23. 
using fire hydrants for other than fire purposes without permit, -.... . 
failure to erect and keep a suitable jail, Fa ate aT ar eI oF hl 
failure or City Court Clerk to enter up orders; ie, ae) on Lea en eee 
violation by justices of statute as to change of venue,. ......... 


failure or refusal of justices to cae by statute as to their election ana terms, 
election officers:vialatin&) Ondin amCenss co.) /.0 o: bees aetna See 
election officers‘failine to discharge duties. /-.° sae ene ee 
hindering or obstructing officers of Engineer’s department, ..... . 
removing. or disregarding Knpineer’s barriers, 0%, vo. sare) sere 
awnings, erecting and keeping otherwise than according to ordinance, pra 
bathing in City limits within certain neurs,- 2.0) as eek een ee ee 
false alarms of fire, intentionally creatinyy (42°. Sy ee ee eee 
bell-ringing at auctions otherwise than according to ordinance,. . . . . . 


PAGE. 


387 
387. 
387 
392 
632 
643 
178 
870 
870 


oa 
nr 


oe co Ww 
Cor Se 


re! 
On 


oo W oo 
So ON 


SEC. 
67 


maoonmn 


142 


—t et 


INDEX. 956) 

FINES AND MISDEMEANORS ( Continued), PaGE. SEc. 
ringing fire and church bells otherwise than according to ordinance,. . . . 272 5 
mdecent. advertisements, etc. publishing of oy ee ee se eg ee OTD 6 
posting bills without consent of owner of premises, . . . ae Uae LD’ 7 
indecent advertisements, posting and distributing,. ........... 27 8 
bicycles, using otherwise than according to ordinance,. ......... 2738 y 
bridges, other than stone, fast riding and driving over,.......... 278 10 
TR GReaE Ee LEE CTU CG/ Glee at Oh, on a Pee ie oc ace eat cre at te, OL 10 
driving over draws of, while opening or shutting,. . ........ 27 11 

Ola woud Un iron. Inst TIGM Oe aANGtieiVINOvOVely .f.% 8 65 oc eats oe Oe 11 
dead animals, skinning of and failing to notify Inspector, . . ...... 274 12 
BRinning ot.such oy others than Ownere, Suan es ees) vier oa 4 15 
removing dead animals by others than contractors or owners,.. ..... 27 14 
POulny CALLIO. I tno, VICINILy OL GIy. MarWets, oe 6 peta et ke len ees wt NO 15 
Peer ieee aii Ley Uva tens oa, 2 ates THN della) utara tin ick os 275 16 


cellars, cellar-doors, cellar-ways, vaults, efc., on public ways, violation of 


BIC OUD. COLMIN Pca ey, caogls AMR! oC ei eT ee iim Rey She Aad Oath pak” A 0 Ei 
public cisterns, unlawfully taking water from, 2. 2 woe See ns S206 18 
“opening and leaving uncovered public cisterns, . ........ 276 18 
unlawfully using public pumps, . . . Pee, Aa ek sto 276 19 
Coreriie UP OG DStrUCting PUDLIC CISLOTNG. ss ethos” ahi spal «0 sae oe 276 20 
Mitroducin g. contagious: diseases. into "The: City, css cu. pee Si. See 2 US STE 21 
not giving information to authorities of cases of contagious disease, . 276 21 
disinterments, removals, and interments of corpses, ............ 276 22 
AON EEL GUTTA Cane ime ase Caran eee tte Mey, Cat Ala eo tee Wo. ek os 277 23 
Slainsy Owners Of DiLCN-dowts TUNNING alate ae A Ly sees a gw ap Sete Ue 24 
suifering dogs to run at large or not confining same after proclamation by 

NERY Ot ese ko on era eel’, Weed AMR rig ae a a eee eee Lat OLE 25, 
AEA IO WHOlS Ol KeECUels Ole leroClous Or, 2. Sitter teal Oa mite eee IO 26 
against owners of barking, howling, or yelping dogs, .......... 278 26 
ECR OTUCEE Sas aie Pee ae ae Cee rae ee Oe eee il eke ee Ae eee SOTO Zt 
wantonly injuring or killing English sparrows, -. 7... 0... e's «278 28 
ORUOOULE CheDCESOl fon ces te ee ee Poe ee rej gy! ae hs Was Tae ay OTe 29 
PaneeRIGIn ee OF OTIV INS OVOr DULG WAY ay renin ce esouas Ma ad pe ole pei ALO 30 
PIMerine. Geln ving: OM OUSLYUCLING MLemOl, . (weit Leta Sethe s is Meth ene ete 33 
WOM peee aubias Hecke iW ejay b ey oT Meme Se le ARN A eb Te er et eae me 6] ao 
resisting or obstructing inspection of premises for precaution against fire, . 280 34 


non-compliance with requirements concerning the construction of hearths, 


CEM eT Paes hc An eRAE sy FO, odo Ts dee MER bas cre et, oe ge SF ot DRO 35 
UL Mosely PULTE OU CHING V Sy as hel emir Bon gee ih or, Cale ete 280 36 
fire-alarm telegraph, injuring, destroying, or interfering with, ..... . 281 37 
publie’ras-lamps, injury to.ordnterierence with). ka eso el. 281 38 
Peco: PErmit Lento Posi ai LATO) cae veniel” A ia ace) wh ea eg be ZOOM 39 
discharging fire-arms or fire-works in public places, .......... =. 282 40 
SUI 1 DR DUL UAL GON sO MRG-DALBie ey hao) fe nis, dy asp he hte Pe, 202 40 
Sbesructing puiters. with dirperibbien ere ok ew ke ees, Ge . -282 4] 
hides, fresh, raw or green; receiving, having, or bringing into The City,. . 282 42 
horses, mules and asses, unlawfully using in public places, . . 2... . . 282 43 
imimoderately or cruelly beating horses or other animals,.. . .. .. . . 283 44 
turning out injured or diseased horses and mules to die, . . . . . . . . . 283 44 


TSIat ee I OOM GEL: COTATI EL? reve, ce ss! le Sa eo ee A) wee ws ie BOD 46, 


9956 INDEX. 
FINES AND MISDEMEANORS (Continded), . PaGE. SEc. 
keeping furnace for boiling inflammables, constructed otherwise than as re- 

Guired by ordimance; . f. 9) tien ce) Aaa te ee er 284 47 
manufacturing gunpowder in The City, ........ 284 48 
non-compliance with regulations as to powder magazines, 284 49 
Petiy TALCEILY) 2. selva eens Tae UR: ey Sp eRe ee es ee seine 285 50 
knowingly selling false weights or measures in the markets, 285 51 
disorderly conduct in the markets; 6:2 are. nna i ae ee 285 52 
TTS COS, ia Beasts. sett sea 5 Malpas 92 ES chin goer. a 6 6 ae ce gh see NG On 285 53 
non- bceeihte ve with audios of erecting in City, coal-oil, glue, refining, 

and other establishmentss.-Ultac i ok Gk eee ee ce ee 54 
collecting raw, preen, or undriedbones,..0.) @) io. = ae eo 56 
manufactoring bone-dust 2 200. nena a ov, = nul th ae gee ee en ec 56 
non-compliance with reg Aigner concerning obstructions in Ohio River ie P.et>. 57 
non-complance by masters and owners of steamboats with regulations con- 

cerning paupers and persons landed in The City, . . ... .:. . . 288 58 
non-compliance with regulations concerning Privies, es) wets at ee ee 59 
removing contents of privy-vaults otherwise than according to law,. . . . 289 60 
public buildings, and property or furniture belonging thereto, injuring, 

_ aamasing CECT ac hoe eae heel 4 gt chi SO gL cua bce tehsil) 61 
digging, breaking, displacing, or injuring work on a street or other public 

WAY oo is (87h, ei ude eh fees» LeNnRaer ea ea iy ney CN eTelecare nL 62 
digging or taking sand, gravel, or earth from a street, without permission of 

Council cae eee : Uva ra Nee PAPA Mey ess ee Pe 63 
throwing or laying dirt and SaBbiEh upon paved streets, alleys, ete, .. .. 290 64 
permitting impure or noxious liquids to flow upon paved streets, ete, . . . 290 64 
violations of ordinance regulating the deposit and removal of garbage, etc., . 290 64 
maliciously. upsetting garbage boxes pezes Fyn - sass ee oea te ee 64 
hauling or moving street cars on public ways and not on atrack,. . ... 291 65 
lounging and loitering in public ways, yet ce <n ee a 66 
being or remaining on steps of street cars while in motion... .... 292 67 
shade-trees on public ways, injuring or,destroying,... 2 0) 2... 402, 292 68 
keeping or using slaughter-houses otherwise than as required by ordinance, 292 69 
excavating in public-ways to lay pipes, and not complying with regulations, 293 70 
buying, selling, and manufacturing on Sabbath day,. ......... . 298 ti | 
selling, buying, or weighing cattle, hogs, or sheep on the Sabbath day, . . 2938 72 
kre, wearing police badgesor Gt star, cox mo Cometesy vey seh one lest Prelate er eee 73 

FRO TRIE Y «cect amie ie eae Ste | pe vahoggee t snh'e ol ertelas aoalees WetreLac tu ie tare OR OI eee oh ERIN oT ow 74 
ree of vehicles not Aeon reg ulations, <7 | Sas ce cee) cee. Weer ee 75 
drivers out of reach of reins when vehicle in motion, .......... 294 76 
disobedience of those in charge of vehicles to the regulations of ferry-officers, 294 ait 
willfully and unlawfully using or wasting the water of the Louisville Water 

Compan yy GS Peete he og yt ee ee ae 78 
throwing or depositing articles or substances in the reservoirs of the Water 

Compan yy hlvanae h VR ETRO is Ny: ESS enemas Aid green an i aes oR 79 
defacing or injuring any property ot the Water Company, ....... 295 79 
riding, walking, or driving on or through the grounds of the Water Com- 

pany in disobedience to the regulations of the Company,. . . . . 295 7 
willfully iujuring or destroying property of Louisville Gas Company,. . . 312 10 
willfully or maliciously injuring property of Citizens’ Gas-Light Company, 333 


- INDEX. his 


FINES AND MISDEMEANORS (Continued), ' Pace. SEc. 
willfully or fraudulently injuring or altering pipes, meters, etc., of the Citi- 

Rene Crier Lib OGEIPIAIs vas oe wate iel sc Gees al bed Pree r fees '4~ ar SOOO 59 

holders of apportionment warrants failing to report payment of, . . . . . 359 32 
non-compliance of owners or occupants of premises with orders of Health 

Department with reference to nuisances, . .*.......... 864 11 

non-compliance with ordinance requiring vaccination,. .*. ..... . . 365 14 


violating the provisions of ordinance establishing and governing Board of 
PLORUUM rahe oH seen, ae We ne peeCe eA taA RR Or gE NG ioe Pe et alate «OE 24 
violating ordinance concerning the offering for sale of unwholesome arti- 


cles of food, cee a cD oe, Sean PM egy eet MERE, EIT EGE hag ater n/a OOO 39 
changing marks or bri Bits of the Tuapeaee of Huy, Me, eee te LO 13 
misrepresenting and deceiving as to marks or certificate of Inspector and 

VSEENES cle tS aaa eel Ol) Gree ae eee AY ee EE eee Bs Nae ans ae Od O 14 
fraudulently representing Weigher’s feels ate of one lot as that of another, 876 15. 
interference with City Weigher and Inspector in the discharge of his duty, 876 16 
weighing coal otherwise than as required by ordinance, ......... 879 30) 
eased UNOL WOLD Melt, “UC. Sahl ce CMR wee To, we aim at ance. a +y. nal Se” ony, 91 OO 32 
misrepresenting weight of a load of boat eee ee a eas ar kn ey COOL Bd4 
weighing coal on scales, weights or eae which have not been tested,. . . 881 35. 
inspecting, weighing or measuring coal, wood or lime without authority, . 3882 40 
selling or delivering ice from wagons without weighing same, ..... . 383 47 
selling liquors, oils, e¢c., in casks of unusual thickness without apprising pur- 

chaser of such thickness, ... . Uh MIEN one ork SP aa eg nA Cette Oe 49 
altering or defacing marks of inspectors ora gaugers of liquots, oils, efc., . 3884 50 
negligence and fraud on the part of inspectors and gaugers of liquors, etc, 384 51 
inspectors and gaugers’ being interested in articles inspected or gauged by 

AT ein eee Ar Werke ee rg elt o REE ome Otek) Rated Ces Se OCT t 
obstructing or disregarding the Sealer of Ww eights and Measures,. . ... . 391 82 
MCOMALEChe PLACES WIENOUL ICONGR rye. etre ine weeks Aa timate an. AOL 21 
AST Glog ens DraGcisIne WIthOULNeENSG: sn. five Mo ln taris lh soe iy te 2 40] 22 
HUCLIN Gora: PTACLISINE  WiONGUls COMSGs Gla) sh to ie es Vols te be ee 408 23 
balls or dances, public, person giving failing to procure license,. . . .. . 418 83 
beabiit COMUMETINE WIL tel eelsey lain) A Moe tte eae te. sw ote leh ye AO 24 
Didar tance Owners. 0fnop. bavine Meenss, wale vonl. sts es Soe eats 404 25, 
beer, ale, porter, imported; party selling failing to pay license, . . acon ot Gi 
butchers in the private markets, not having license,. . .... ». . ... 404 26 
ime ioere, Ot POC) MICS LiCANSh, ar. [em net ae oalrettee Be are Ain al AUD 27 
GUILE OGinud ILI Ee OEOCUTS LIGENSE. 0 creates A. Wen Ue oe el a aw AOD 28 
RICHIE Owen tal lini fo. Tn Vy iGeliae: stock seca As oe ee de ors bio pers SEO 29 
Ciara LO Ay CONGO for gata oie toy e's dees os fa ecteb ate ge os OOD 30 
clairyoyanis. practising without JICENsG. Was S) picks ort ee ee ate, eve 406 3] 
club-house, owner of, failing to procure license,. . ........... 405 32 
clib-room, owner of, not procuring licetise,, ... 0.0. 6... a. 2 te. 405 32 
coffee-house keepers, violating ordinance,.......... tae ae cen) eS 4] 
commercial agente, nob procuring, licensen:) . 6 ct. ee «408 42 
commercial shipping agents, failing to procure license,. ......... 421 93 
Come mile. dealer in, siline tocpayeiicende: . Vass One. ween e «y+ 408 43 
istitern aL FO PIOCUre NGonse wine. 8. 5 tat Se) at le Keven 3. 408 45 
DOGs OWT Of MUL bee Day CON Re nu A. oe ee oie eee wits ow 408 50 


eating-houses, owners of, not procuring license, ............. 411 51 


» 

98 INDEX. 

FINES AND MISDEMEANORS ( Continued), Pace. SEc 
exchange-offices, owners of, failing to procure license, .......... 411 52 
express companies, owners of, not procuring license,. . ... *..... . All 54 
flying-horse establishments, owners of, not paying license, . . . ... .. 412 55 
fortune-tellers*practising withomt*Ticense, certo Gr deserter ies teen. Weduaut pameeanee 56 
ereen-grocer, failing to procure license,” 3.7 s ae ee ne, ee a aut ae el ave 
house-agents, not. having licensees yketes oes. sabe e bea ey fal anaes en ee Tg 58 
hucksters in the private markets, not having license, ......... . 404 26 
hucksters doing business in The City, not having license, ....... . 418 59 
insurance company, conducting, without.license, .. . ..7..=. .. . 416 65 
intelligence offices, keepers of; fuiling to pay Jicense,. 1°. 402. t 2 eo ee lo 66 
liquor.dealers, retail, failing’ to procurelicanse (iy. 9.8 pues od serene eee 85 
livery stable-keeper, failing to procure license, . ........ ijt) eee 73 
mercantile agents, failing te procure licénse, . 5 7 - ae se eed 7 76 
patent-right agents, selling, failing to pay license,. . 1. 4-8. . . .. 417 Si 
pawnbrokers, failing to procure licettse, ov 5le) lve, ame eee hr eee re 78 
peddlers, failing to takeout Heense se. 25.0 gmeoe Oe ne ee ee een eee tet 79 
pension agents, failing to pay license, 72.5 i ie years 1) ee ens eee rea 30 
photographers, failing to procure license.) 19.90. vey sane a ees eee 88 80 
pork-houses, owners of, failing’ to take out ticense,~ 5.55 Seas seen ee 81 
porters, with vehicle drawn by hand, failing to pay license, ...... . 418 82 
real-estate agents, falling to, procure Ncéiikejye. C2 2) oe ne eee ee ee 84 
sample-dealers; failing to procure licenses cot oa ee een 87 
second-hand dealers, failing to procure Neensé,; ~- 5... 2 Fe ee 8 ee ae 88 
shooting-gallery, owner of, failing te procure license, . ... 1... — 1. 4”l 94 
skating-park (ice) owner of, failing to procure license, . . Sy oe aie: 8. 95 
skating-rink (roller), owner of, failing to procure license, ........ 422 96 
street-brokers, failitig to. pay license,|.°).0 2 Ame crus urna een a eee nes a7 
swimming-pool, owner of, failing to pay license, ......2..2.2..~. 422 98 
tavern-keepers, ‘failing to pay license, 2.2) eee ey iter Ae 109 
telegraph companies, failing to pay dicense, 2 0.) (18. alee iy Sune tee ae 110 
telephone Companies, failing to. pay Weense.. 2 hey we cs yt oe arenes eee a) 111 
tobaeco buyers, failing to procure license, ... . 2) ails, tae, fonder ae AAR re mea ee 120 

for making unauthorized sales-or: purchases, 27. gee wun a eee eee oe 120 
tobacco warehousemen, failing to procure license,. ........... 427 120 

for making unauthorized sales or purchases,’ 9452) J vs pues ees eae 120 
traders in the private markets, failing to procure license, ....... . 404 26 
transferee of license, failing to comply with ordinance, ........ . 898 12 
veterinary surgeons, falling to procure license, oss, ou) arian eed 122 
markets, penalty for violating ordinance concerning, .......... +. 488 27 
market-master, failing to make required reports, ........... +. . 489 30 
fish, penalty for violating ordinance concerning sale of, . ........ 489 32 
penalty for disobeying summons of Mayor to quell riots, ........ 448 19 


officer, penalty for failing to deliver effects of to Mayor on termination of 
OFT.CO, v0 Sa 5, es oak eee Pc 1G) Nie, eel ee em ae ee 44 


policeman, penalty of, for soliciting employment for attorneys-at-law, . . 484 19 
falsely representing to be members of the Louisville Merchants’ Private 
Police and Detective Agency, penalty for,“... .... . .4..°...., 491 42 
court-house, penalty for deracing; s). ts ke <> \ wens tee le em ne em, 4 
City hospital; penalty for defacing se (anes eee ee rs eee . 494 5 
‘City basin, penalty for violating ordinance eoncerning, ........ . 495 6 


INDEX. 959 


FINES AND MISDEMEANORS ( Continued), . Pace. SEc. 
rations adjoining public ways, penalty for not fencing in, . . ... . . 521 21 
taking sand, gravel, stone or earth from public way without permission of 
Aneel ea LLOBT:. DOD GLiyt Seelam tegen, Prom enya lea Sols ye Mo ad +« 521 22 
excavation in public way, penalty for failing to cover same, ....... 521 24 
excavations in public ways shall be fenced in, penalty for violating ordinance, 522 26 
excavations in public ways, failing to replace, penalty for violating, . 522 25 
adjoining public ways, failing to fence in during night, penalty for,. . . . 522 26 
vehicle, leaving on sidewalk between 6 p.m. and 6 a. m., penalty for, . . 524 45 
horses or vehicles, leading or driving on sidewalks, penalty for violating 
RSL AE A tie Uh el Eben wR eee Marek S rsem od iniye 6! Oak 45 
biggkesmithineg on sidewalk penalty; =a gC ee wes. We ett ge ce O24 45 
BUDE MEE SOUSRIMCCLII OS DONA LLYE Mee: tne tered em SERN el oY aig SEA ei ot ass 4 op 4: 45 
Be eRe DO ALE yee del th inart 2 edge ke MA ay Eke ine ee thr aA 45 
sidewalks, obstructing with sn coal or other thing, penalty, ... .. . 524 45 
pavement or curbing, penalty for breaking or injuring, ....... gy 45 
sidewalks, penalty for failing to remove litter from, after work nytetad . O24 45 
public ways, penalty tor failing to remove litter from after work completed, 524 45 
sidewalks, vending articles on, penalty for violating ordinance. . ... . 524 45 
thre wine ors pouring filthy matter on, penalty ¥ a...) was ok Dad 45 
using unauthorized portion of in displaying goods, penalty, .. . . . 524 45 
vehicles or obstruction in public ways, penalty for violating ordinance, . . 524 45 
public ways, using unauthorized portions of in erecting houses, penalty, . . 524 45 
sidewalk, penalty for allowing water to flow on while making or re- 
CENT GW Rsacr Seca Np Wee ay homme Bist thy MES QIN NA bP, Peavey Ean RA reae ais 3) 45 
public ways or sidewalk, obstructing by three or more in a group, penalty . 525 48 
BDL EITe Streeks WINOUL w MCENSG bin. ware ah: amen oes oe ta. lacastl ec Baletees «tv OLS 67 
vehicle driver of, refusine toleave railway track... 00. 0.6." soho es 2 t. 591 23 
railway tracks on carrying passengers, competing with company,. . . 593 25 
owner or driver of willfully obstructing railway track, by standing 
CIVGVEOT Gs wimc cat ROR ete Mes Re er SMe Sal Rear ey sheesh: AOU e 26 
railway tracks, willfully niaane Obstructioimeonhey Mie bears) ar ewes the 598 phy 
ears, persons entering anderetusing to Pay. farey we a ee wwe) O98 28 
pureet-cary TUNING without numer OF WCONnSe sa. Bless hw foto hho ODA 30 
driving two or more, in same dierction, unlawfully,. ....... . 594 31 
irecimeration, ise and unlawtil penalty, 1.4 me a Us sa te gn few tortie « O42 15 
a Ie aT DUNST Ges <P) ive ew ile ia adta ea se Aine eg wa a ren -oty O42 18 
health officer, principal or teacher’ obstructing, visits, .......... 678 44 
catch-basin or sewers, obstucting flow of water of, penalty,. ...... . 690 15 
Auditor, for failure to lay Treasurers’s settlement before General Council, . 821 8 
vehicles, for failure to comply with regulations... <0. 6 eg er wt. 824 5 
market-wagons, for failure to comply with ordinance, .......... 824 8 
market-wagons and hucksters;imposed on... 2) 2 2) we os 825 1] 
Warne, carte, ere, for violation oF ordinance, 4 iit. eae be ett nar « LOaO 14 
Diana tOri OOO OrG ANC. 6 ok cae Mire deed) nts Meu es MU eon, aoe OSL 20 
vehicles, for violation of ordinance as to number and nameson.... . . 827 21 
for violation of ordinance as to course in streets, .....:.... 827 25 
vehicles, for violation of ordinance regulating stands for, ..... .. . 828 26 
for-violatidn of ordinance. repulating loads, etc...) °.. i 2g eta an 829 33 
‘ hack-owners for violation of OPO IMG Cte aoe, 4) ciel CAL PR td ame eo) SOL 39 


for failure to have lamps as prescribed by ordinance, . .... ... . 88 * 40 


I60 INDEX. 
FINES AND MISDEMEANORS (Continued), Pace. SEc. 
hack-drivers, for leaving vehicle or being guilty of disorderly conduct, . . 832 41 
for/failure to.obtalti ticenseyan {a5 sat et ed ee She Saye en 42 
hack-owners and drivers jointly and severally liable, unless otherwise ex- 

pressiy provided se <.%)."h=on  a) Reus Cyeain sg daa ee ee Se ee a 45 

recoverable by warrantin City. Courts. 7s) Ge. .8 5 ae ee mn 46 
hack-owners or drivers, for breach of engagement, .........«. . 800 51 
tuking or using water from any public or private service of Water Company 

without: consent ofthe Company «tava ches a) eee ak cee ee eT 32 
masters, captains, or owner of boats refusing to give place at wharf as di- 

POeted;" Ss TE GA Ae besa ee ee ae cipeies, YS Saar ION eel alte Mame go mecete 38 
suffering boats to ground and stagnant water to collect in them, ... . . 873 40 
neglecting, refusing, or failing to pay wharfage to Wharfmaster, . . . . . 873 41 
injuring or obstructing the City wharf, (27. [Sidley eae eee ae ee 42 
allowing freight to remain On: wart, 70. o. neste. eee ny 42 
carelessly permitting the sinking of boats in the harbor,. ....... . 874 43 
failing to raise sunken, boata.and Temoye Garg. a. po 4s acne are ee ent 43 
boats with infectious or contagious disease aboard landing without permit, . 874 45, 
removing, defacing, destroying, or changing house numbers,. . .... . 877 2 
failure of owner or occupant of tenements to number house as required by 

ordinanee, 209) .°e.7 hs yee, oF rer cee le be ee an, opera ey 12 
selling fresh meats within four squares of a market-house, .... . 4. . 878 15 
preventing or molesting persons taking up or impounding goats, hogs and 

pigs going at large, en ae ee a ey ls ee A eee 21 
opening inclosures where goats, hogs and pigs are impounded, . ... . . 880 
violating, dead-animal ordinance,;-e 1.2 rcs Be eae oe es Oe 28 

FIRE, 
wooden buildings restricted as precaution against,. ...... .). «+... 69 7) 
inspection .of premises as. precautioncapainet, 405 let ees ee 34 
Council shall provide against such causes of, as defective fire-places, flues, e¢c., 297 1 
inspections by Chief of Fire Department with view to prevent,. . . . . . 300 15. 


See FirrE DEPARTMENT. 
FIRE-ARMS AND FIRE-WORKS, 


unlawfulsto-discharge in ThesOity, te sae Mei rie te as cena em es 40 


FIRE DEPARTMENT, 


General Council shall provide for establishment and maintenance of, . . . 297 1 
employes ¢f, appointment, qualifications, and bond, ...:...... . 298 4 
old and disabled members of, may be retired on half-pay, ...... 299 6 
conditions upon which members may be retired on half-pay,. .... . . 299 7 
only members doing actual fire-service shall be entitled to benefit of the 
retiremientuan.. ca eee a Slee RE ta, oo Acca pee A a 8 
salaries of retired members, bow-pald, .-. <a. > tuase ss Owe it Sa Uae 9 
expenses of} how Teported: andspaid vi. Soe" hee es eee eee ene cod) 14 
shall consist of as many companies as Council may designate, . .. ... 301 19 
fire-engine companiés, of what each shall consist, "oo. 72 ay okey eae en eau 20 
all persons connected with a company shall be on permanent duty, . . . . 301 20 
all-meinbers of, shall give bond, 6 an te oe Ae ee eee 2] 
hook-and-ladder companies, of what shall consist,. .......... . 802 eso 
. officers and -employés'of, and titerpoantiess pny, afc. sy) sin hae ae eee 23 


location off! aks at ae he a ip ee Pan ss Cn e n cen 23 


INDEX. 961 


FIRE DEPARTMENT ( Continued), PAGE. SEc. 
Caen Ca eUseiisemis fPon) LUesnerviCe ir neta: 1th tg ae hk dle oe ae eo Pawe 24 
qualifications for tae ty LL ee RN ak ere te GEE ie 5 tee ce OU 25 
horse-feed for, how furnished, BONE ible wn dik) oh Nei ae Aa aan» A) 26 
selling and buying horses for, authority fon in whom v pat ee eels) eA 27 
Poelr nese Marness SHON! | % wewawe waits wots Te eee x UG 29 
any employe of, may be removed by the Chief for eoeetars causé, . . . 804 30 
right of appeal of dismissed members, . .. . . 3804 30 
fine for hindering, delaying, or obstructing feted in aie aicneere of ihe 

Oe eee eA eke Lee a ke Roe ee eC ear view 3 e7 1 270 33 
PPPs UALOLUS, UNO LOT; A leigevan ts Se meu RE tits arto. 5 Meh le de 33 
Chief Engineer, 

office:created, .°. ... RRER Mae Wien oa PACE Bei tan tls. hel DOS 2 
election of to he by Gene a reruiaae BE OR TNE ao 0 ei ee Rts P| 3 
AUtienie De CHU ned DY Ordluran Oe. vost Mth ee ce Rh wey hited piven | tue ooo 4 
Sittenppone Uspartment em plovesenue mets: . kaw we Ss wy wt OOS 4 
ERC UNO Tse at) tes: ik doy 1 ce UM CE ea 5 er Ae As OOO 5 
ALT ae east es | fa 8 ase nf ak : hes Her es ey Mae Ao 10 
shall be present at all abe. ant saneeint nd the Per miahiicn aereak 299 11 
clothed with full police authority,. .. . ak tree easier a eae 5 OO! tay 
may, in emergency, employ an additional farce aera? ek eee LIUO 12 
shall require persons connected with the department to ie a tre 

convenient distance of engine-houses; . ........... . 800 13 

Petite Overt, CUCL OUNGI a Cre tem, eed Want arate al ini uteri eat OOO) 14 
Day-rou snd expenses, 10 De Teported Dy; Ue. one altel. tales te ae) OU0 14 
STB et Ol Ol DECHNEGI DV] sok Anh te wet ela eee 3k Ba ya eee BUM 15 
shall control engines and companies in going to or from Aires 2A OA eS UA! 16 
shall obey the orders of the Mayor and regulations of the Council, . . 301 17 
Bia reuse iene OUblINe- OG) Same vine auras ets Ver uls Terars ee OUL. LS 
neglect of duty, .... AeA es iri EASES ACLs PW es Re vor con “OO 2 22 

vacancies in office, how filled, Li Aes ea atte” ot. re pl tie Abe, OO2 22 
MAGISUATILG GOS eet ie tasetga we ts Ota SPs Wek, Fatal RO a wha tear aieenel a? BOR 23 
shall appoint laddermen,. ... . Peds ostn ebt reg Weyer) sat DO 23 
shall superintend, protect, and preserve eins fire- Sbie telegraph, *...''. 3038 28 
shall appoint employes in the fire-alarm telegraph service,. . . . . . 3808 28 


shall appoint person to take charge of the repair, hose, and harness 
shop, and assistants, Fr Raa MOT ital "Rs wh ane. o's TOG 29 


Deuaare WBOh ON uy sige at, «oon 5 OTTO ee ON eae la at eek OOF 31 
CERIO TLOC Lr. be- Won Gel cies 1 pots ee kee er nis tne) a Pete oh eo tet as OOS 3) 
Fire-Alarm Telegraph. 

penalty for injuring, destroying, or interfering with, ...-..... 281 37 
signal-boxes shall not be opened except with keys,.......... 281 37 
no signal-box keys to be made or used except as authorized, . . . . . 281 37 
Chief Engineer of Fire Department shall superintend, control, and 

DIOLORCL cogadh ee oor arn OE mes Ret ng Noe yO el iy ae AE nl) OWS 28 
EIT Year. i iret eal ree ve, SGT RS Me ety eee soak aged gaara mabe. iOS 28 


See CHIEF ENGINEER OF FIRE DEPARTMENT. 
FIRE HYDRANTS, 


Council may cause placing of on public ways, ............. 187 1 
Water Company shall erect and maintain, ..........44.4... I47 
SE UE WADIA vot ct. ge a) aaa tena. Eta aha per Be fee oad tontet ae ae oa E, 9 


61 


962 INDEX. 


FIRE HYDRANTS (Continued), 
design repairs, TENET - cceudet cs) 6 Reet histe <0 sere enna 
to be used for fire purposes only, 
permits for using, for other purposes, 
fine forviolating law,: ioc) +5 muses 
duty of policemen in reference to,. . 
cost of erecting, how apportioned, . 
to be supplied with water free of charge, . 
FIRST WARD, 
boundaries of, . . . . 
FISCAL YEAR, 
beginning and ending, . 
FISH, 
cleansing in public markets prohibited,....-....... 
sales of, regulated, . retell tame eee 
See MARKETS. 
FLAGS, 


yellow, shall be displayed from premises where infectious or contagious dis- 


ease exists, 

FLOODS, 

Council may provide against, . 
FLOUR INSPECTORS, 

under government and control of Louisville Board of Trade, 
FLYING-HORSE ESTABLISHMENTS, 

license required fOT, 9.0 29.5" + fees use 

rate of license,. . . adel 

penalty for not paying license, 
FOOD. See HEALTH. See MARKETS. 
FOOTWAY-CROSSINGS, 

Council may prescribe manner of making, . 

districts for purposes of making,. . . 

manner of letting work, 

execution of contracts, . . 

expenses, . . ae ee ee hy ke RL) wal Nt 
See IMPROVEMENT OF PuBLIC Ways. 
FORESTALLING, 

may be prevented by Council,. . 
FORTUNE-TELLERS. See CLAIRVOYANTS. 


FOUNTAIN FERRY ROAD, 
named Market Street, 
FOURTEENTH STREET, 
right of way granted certain railroad companies, . . 
right of way granted Louisville Bridge Company, 
right of way granted EH.’ & P. R. R. Co.,. . 
FOURTH STREET, 
tight to lay railway tracks in,. . 
south of Oak Street, . 
FOURTH WARD, 


boundaries of, . . 


364 


871 


383 


412 
412 
412 


519 
519 
519 
519 
520 


352 


SEc.. 
GS. 
10. 
10 
10 
10 
10: 
36. 


> 


38: 


33. 
31 


13 


34. 


46- 


55» 
55- 
55. 


It 
12 
13: 
14 
16. 


| we] 
hy? 


INDEX. 


FRANKFORT AVENUE, 

name of the Shelbyville Pike changed to, 
FREEDOM OF THE CITY, 

to whom may be granted,. . 
FULTON STREET, 

cost of raising, City bonds for paying, 

other bonds for, authorized, 

appropriation for raising grade, 
FURNACES, 

for boiling inflammables regulated, 
FURNITURE CARS. See VEHICLEs. 
GARBAGE, 

regulations concerning keeping and removal of, . 

boxes, ete., containing, penalty for maliciously upsetting, 
GARDENERS, 


retailing vegetables of their own raising not required to pay license, 


GARNISHMENT OF RENTS, 
for taxes unpaid August Ist, 
when unlawful, jurisdiction over, 
injunction against, when granted, . 


GAS. See Louftsv1iLLE GAS COMPANY. 


GAS COMPANIES, 
certain property of, suject to taxation, 
GAS INSPECTOR, 
shall be appointed by Mayor, 
duties and compensation, . 
GAS LAMPS, PUBLIC, 
injuring, defacing, or interfering with, penalty for, 
GAUGERS, 
hydrometer to be used by, 
general duty of, 
may condemn casks, 
fines against, 
fees, Shik lar act ty 
rod and scale to Be et by, 


See INSPECTORS AND GAUGERS OF LiIQuoORs, OILS, ETC. 


GEESE, 
shall not be permitted to run at large, . 
sENERAL COUNCIL, 
proceedings of, need not be published, 
not to be published unless so ordered, 
elect Commissioners of Public Charities, ‘ +) ka eee 
may displace Charity Commisssioners for cause Aa fil vacancies, 
locate charitable institutions in County, Me 
locate, establish, and maintain houses of refuge ana reform, 


shall confer medical care of Pesthouse, Almshouse, and Workhouse on ane si- 


‘cians of Eastern and Western Districts, 


963 

Pace. SEc. 
531 80 
354 25 
248 16 
252 26 
254 28 
284 47 
290 64 
290 64 
404 26 
778 18 
784 26 
784 26 
769 5 
3 Ad) 41 
O20 41 
281 38 
383 48 
3883 48 
384 49 
384 51 
384 4 
385 DD 
281 39 
6 1 

7 3 
88 1 
96 4 
98 5 
98 5 


964 


INDEX. 


GENERAL COUNCIL (Continued), 


may furnish vaccine-matter to physicians of Hastern and Western Districts, 
require of the physicians free vaccination of the residents of The City, . . 
shall provide funds for maintenance of City charitable institutions, . . . 
pass necessary ordinances in relation to City institutions, 


may visiti House of Refuge, cht oii). 5 sameeren Ne cae 
shall elect managers of House of Retuge, =. tee) 20, ieee ee 


levyand collect. House of Refuge tax, so) se eee Paty Ee pl 2 
anal approve all House of Refuge charter amendments are managers of 


said institution act upon them), \, (.. 0 deus eee eee Re 
may pass and enforce ordinances regulating House of Refuge arouse 5 
shall elect manager of the Cook Benevolent Institution, ......,.. 
shall not entertain any claim not made out according to ordinance concern- 

ing’ Claims, 3/0 ave pista fee ae pele ee oe ee 
may order condemnation of property in City or County,. ...... 


shall approve all City contracts before they shall become binding, 

reports and notices to, by Engineer, relative to execution of work under 
CONETACE,. ° ve see SS oS Ea Teale ae elec Sn ee 

may cause building of bridges over Beargrass Creek at expense of The City, 

may cause streets to be paved, graded, etc., at cost of The City,. . . 

may contract with Jefferson County Court in relation to interests common 
to City and County... yeaa. : ai partner ane eh 

to control, jointly with County Levy Goa the oon sailed Ree coh rt 

members of, may be fined for not erecting and keeping a suitable jail. . . 

authorized to appropriate sums annually as additions to salaries of Judges 
of Louisville Chancery and Jefferson Court of Common Pleas. . 


may provide yoting=places and) precincts, . (seo) cian lunes ee ee ee 
appoint officers to conduct City elections, . piles die eaten oat 
shall pass all needful ordinances for Engineer’s department, ....... 


may regulate the keeping and storing of inflammables and combustibles, . 
express permission of necessary for the erection of coal oil, glue, and other 


esta blighiiteniises lene. ee : Me ee ee he ng Pe ls 
may permit obstructions to be placed in Onis ie er, 
may cause removal of obstructions in Ohio River, .. . , ae 


shall provide for the establishment and maintenance of a Fire De parerent 
shall provide against fires from defective fire-places, flues, efc., . ..... 


may retire old and disabled firemen on half-pay, 2. ij. .92o. w)-a ee 
may sell City’s stock in LouisvilleGas Company,. ....... Tad ten 
concurrence of, in amendments to Gas Company’s charter required. . . 
legislative power shallibe in peo Ce ee aan cae ee 
qualifications. of “members;., gee ees Rep te pany shes. f 
vacancies occasioned by ineligibility, how filled, Be? ey ee ARETE LEN re 
offices of members of Council and notary may be held at the same time, . 
representation im, (5s: Gapeisika patie Ueto Selita Net eae eae ohne caine a 
Aldermen, election and) terms*otje)es ; a certan en eee onan ee eee 


presidentiof ‘each boards). 5) speek gh. 9 ete ome ey 
control of its;members. by each; board,:. <.' 61 6.9, eae en ne een ee 
quorum and attendance, .. . a PNR Re OH hE Pie Ei ats ih Wy Pe gone = 
each board shall elect if clerk, deans his cee AITO TXT LS De Vole nay sees 
each board may elect its sergeant-at-arms, define his duties, and fix his pay, . 
proceedings of; declared publictrecordsh in . 5 60 cmeree nes eee ee een 


PAGE. 


102 
102 
105 
105 
118 
128 
128 


129 
131 
131 


SEC 


Co oc ~TI +7. 


comoomtnNI Doe KP OOD HK KK He 


INDEX, 


GENERAL COUNCIL (Continued), 


Te ILM PROOMLAY) Os Mae Set aniis MED taceremcg a.) no) sili lo ule a peas 
Slip Perse) Clk y. ELAN Sh red erst MEW: sm we vee 

day of general election of members, ;.. . ..... 2 «6» 
Dramelioerine titer OLOOLUON | huewice ae cit Vee hl sg Rae ialenasl 5 We Ate aa, pale ary 
Sie remerheyery two pweeks.s fF. aU ley ht ah Epoy en wma 
adjournment of, shall not be longer than two weeks,. . .....-.. 
first election of members of Board of Councilmen, ....... 
terms and elections of Councilmen, ...... 
members exempt from jury and military service, . . . 2. 6.6 «>. 
members shall not be questioned elsewhere for anything said in debate, . . 
Pe CMC ram AE WELLS cor ry gra ork RAN Me ght ot pil sn INL ee 
MANMSr OL passing OF AMENCINS OTCINANCES, sis ug fos Shae oo le wel 
propositions for raising money, to originate in Board of Councilmen, . . . 
shall not permit exemptions from common burdens nor grant exclusive priv- 

WE) SC ee ae , f an ne EAT eet hee batt Ha 


shall have power to pass all riences required ‘ carry out powers pranted 
TAME EGR AT LATIN, Sah 3 Cine nt AM hte pesmi ey AC HL eh eM est so igh 
appropriation by ordinance necessary before money may be ee from 
PLOMEU EV Seed e Lola a e/ io Laas wg ete ieatey te WER ere, eek Gres 
power to pass ordinances imposing fines,. . . : 
ma gwecure toowners of dogs’ protection: Of (same; 0) tar oat erie. wee) 
Toate evve Ais bi bek OUI oe ales) sec: cheese eset teu eaten ylank ape ie 
powers, with reference to wharves and harbers,. ©... ... . 4... 
Ey eT gia ook ban ae a pee a aa ee eae Mie rege ier eer ace aiaens LRN OEE AA, Re 
eter eet hd ne eet FS EAI U0, le oon, Set ene, ch Ae OM ye SLI LP 
PEL OES My eel West MAL. Ns Ole Mote! eS ae ae gel eds 
PRECLION VOU WOGUeTE: DELON ES. iba) hu) aaa Nets o)sh oh onda eect catile Le 
inflammables and ores ena ee Lo: a 
public ways, public grounds and buildings,. . .... . 
DrWdeoe an (CULV GY tiers ge see) se8 2) ia st oe oe 
ENTE 2h yaa Be eR Eo oy FORNUL S Me SPS arth Wy ae emee te Re eae va wa De 5 aA 
lnepertion.< wile ntsy Clem se ose... \atet ta howe 
BN rac OL eh CHICIONE AUR As sb oleh cans an Mee Mad MTT teer as vst Vah HU ol aS elk’s 
may pass ordinances and impose fines ip enforce tne Spates of Badan 
may annually set aside the Secret Service Fund,. 2... 4 ..2 ess oes 
MG vemraniabiontreodom Ofilho Oy ps) ek serene lenge ky ee Ls we. vali al oa 
MA v OCTANE SUN DLCs COLNE DOGT.. a rx) th site le: ey Pemeate el sp atPs 5% 25 30,010 6 
Plet] Bebero er OR LI Ole bah orto tk STs ed eee aio Se a oh te 
Clerk of Board of rant onene CULES Of ee ; 

Mierke DOHLU-Of POUNCE. CULTS 01, .teael aca: Wh cules. s/f tcce Las, eels 
shall have power to carry out sanitary regulations by imposing fines and 
pS CO ae ae ted tire ur oer ea tee, Pore pra the 
shall elect six physicians as mem tee of Board of Hee aie Ser iAw era aay. 
BHartieipocer Opti: OIGEr ss «is. 20 eae re ees te Phe Creer ae ay Mote een 4 

Board of Health shall report once a yearto, ......./.. 

shall annually elect a City Weigher and Inspector, ...... 

quarterly reports of City Weigher and Inspectorto,........... 
licenses granted, applicant to be notified by clerk of,.. ....2..... 
MSIE UO LCIRMSLECLN NIN gg sy S)ae Gc. cds ae eb aia) ds Sy ogo Wa ee eet 
MPR RORIECE ME AIEOWELOU YS Cr aie eg aa EC RAY oe tan Java ome ed hehe ne seers 


PAGE. 


543 
355 


344 
344 
344 
345 
345 
346 
346 
347 
B47 
348 


OC Cw Co 
CO 
moe. — 


— 
bo w& 


- 
~ 


Ou Or 
. 
~ 


Co Ww C OG OF OF OF tH O& © 
SO CN ONC On 
ot id SS el Ree | Se 


Py 


or oO 
bo 


« 
~ 


Cc o-oo C9 
CIR NIT eae 
Hm COW L 


ic) 
Orv or 
~ 


o> Od 
Or oo 


bo os 
Do he bo 


7 
~ 


Hm He co CO GO CD 


bh 
nee 


co 
co 
Or 


965 


SEc. 


10 
27 
11 
11 
11 
11 
12 
12 
13 
13 
14 


15 
16 


te 


18 


bo bo 
He CO 


“7 


Or 


co bt bo bw vo 
Cc oO 


—) 


966 


GENERAL COUNCIL (Continued), PAGE. 
may by ordinance license employments not provided for, . ; 397 
grade and class every business, ... -..... oP Ont 
limit license for period less than one year, . . Vea es 397 
allow literary or charitable entertainments without license. 397 
may permit transfer of unexpired license, ... . - 897 
all licenses granted subject to right of revocation by, : 399 
coffee-house keeper’s license, applicants for shall petition, 406 
petition to beacted upon by ...... ay fae 406 
license granted, applicant to be notified fnreien Cler Ev Gliese 406 
coffee-houses to: be-classed "by .7 sy 2 os Nae pee 407 
second-hand dealers, bond of, to be fixed and Sppread by, sols Pa 
tavern-keeper’s license, applicant for shall petition, 423 
petition to be acted upon by, . . . : 5 : 423 
market-master’s bond to be approved by, .-........ ; 430 
leases of stalls in public markets made subject to approval of, . Saphe, bi! 
duty of market-master to report quarterly collections to. aetoe EP aa eee it F5- 
shall prescribe fines and penalties for disobeying orders of Mayor, when, 442 
may pass proposed ordinance disapproved of by Mayor, when . eta See 
Mayor may'convene, for special ressonsy ts. ete eee ‘442 
shall elect Mayor oro tei ae ple oN: CET Re ped at et teens ia 
allow compensation for pro tem. Mayor, : . 2 445 
fix salary, maximum stated,. .. . : statis eee 
to fix compensation of Auditor,. .. . 2 . 465 
TvGAasirer.d sf en wee. Ay Per ee ariic cas San , hk ek 
Aesessor 2%. serie Bo se 465 
Hevelver Ole Vax een... chee ne eal { 465 
fill vacancies in certain offices, Rca ee 466 
members of, to take prescribed oath, . gag : 467 
officers, may prescribe duties and compensation of, STs et ghee 469 
member of, receiving money for his vote or influence, penalty for,. . . 469 
salary Or clerk Ol; Gr ery set nee gees fe phate! et 20a ahs naan, a eed 
Sergeant-At-ArIs, | 95055 eta rere : fa se AE 
DUG. ties cota bs , ; Wee a ahs) eee ‘ care 
pr esident of, member of Board of Police aes 3 : . 480 
chief of police to report monthly to, ..... 5 thoes PEO: 
public ways, to apportion cost for making, 5 ee) Cae ene, ces Cama EoD 
property owners may be permitted to improve public ways by, . wie see 
public ways, to assess for cleaning and repairing and for making footway 
OTOSEWHY Smaue bo ee otag ee Ee ek yA ert eg SRLS 515 
street improvement committee to be annually appointed by, . . SRT Re 
public ways, contracts for repairing, to be confirmed by, eke Lome ee hit 
amount and character of repairs, to be determined by, . ee Oa eU 
Arbegust-street railroad track, may grant privilege to manufacturers and 
others to connect with hy switch, rust acim seuss ce eee coe 
flagmen.at intersections of, may be required by, ........-.-.- + 606 
Ormsby-ave. railroad track, may require flagmen at intersections of,. . . . 561 
Chesapeake, Ohio and Southwestern Railroad Co.’s A street track, may per- 
mit:dthers to connect with, ar Bs os as eas ee ee eee 564 
may require watchmen and gates erected, ..:.-.:... «+... . 660 


INDEX. 


SEc. 


m bo bh tb 


OO 


ow 
wo So 


INDEX. 967 


GENERAL COUNCIL ( Continued), PaGE. SkEc. 
merchants and others along route of L.C. & L. R. R. may connect with, by 

switch, on getting consent of, ..-.... tits Woe helt “00D 55 
bond of company, before laying track, to be approv a ne conditions of, . . 569 59 
flagmen at streets crossed by railroads, may be ordered by,. . ..... . 572 71 
Louisville, Harrod’s Creek and Westport Railway Company, lease, to be 

BEC Val eats cee ot Ue eee dee at Se heen aati nt «OAD 84 
ReGiliy CIVEN, AI5O LODEIADPTOVEH DY 9. oa edies as tesa sw #4 ei kee OVO 85 
railways, street, empowered to pass ordinance authorizing construction of, 

SMELT art, tt eee Sale” © eae we Me a oe eS DOU 1 
Manpowered, to.reject.bids.for franchise’... hse if a eet we ep ee ee OSG 3 
PateaschO peenees UG, TOA RMU Stabe tT. alee a eh all ar a Oo Oa Pen hie eth (DBT 4 
obstruction of, may pass ordinance protecting, ............. 587 5 

io eeeoworcdand repuliaved DY, farc eglet ss cae ae onal (care ec ee OOD. 9 
tracks, to consent to, ..... Pee oh Lao eM Nes a eee (Sige, DOT 10 
City Engineer and, to direct manner of Ia vin og tratkensne aay. beae ao. et) a O88 12 
rails of street railway companies may be removed by, when... .. .°. 583 13 
Career RUIy OF LO. Drescrine tlie RCDOUUIC. myn alin ke ha <. yay eh eae Gules OOO 14 
bond of railway company,to beapproved by... 2°... wu 6 es et ee «689 15 
AM EMIaty COLLSRILIN Gi ye f tg nA'e’ Codi ng) SEEM YA Mos LEM OE eRe gha” ts bi ted cnalet sree ge 57 O0U) 18 
railway companies to furnish list of pincenaidess Chg ee eta a Dua ty | 21 
tracks, empowered to grant other companies use of, conditions... . . 591 22 
public ways, to prescribe use of by street railways . ...: . . 6. .7. 594 32 
Louisville City Railway Company empowered to operate on streets consent- 

(6 oh NM ge? BO hy yes Wal Th bes Sytcty Lory oki Ata SRE s hese Oo 48 
Central Passenger Railway Company, to remove tracks Les ordered by . 612 101 
School Board annually to report to, on pupils and property, ..... . . 653 t 
Commissioners of Schools of Louisville, to elect and fix compensation,. . . 665 21 
sewate and drainage, may divide City into districts, .......... 688 4 

Raecae DLOUGLUY ON pa wile tOlme se. teens tt ee ee ely ete oe we ty O88 5 
Commissioners of Sinking Fund, to elect three members, .... . - 092 2 
treasurer of, to furnish, annually, statement of funds, receipts, na phe 

DUTHe LGN lw Wl Siem aoe ae WG en ey ee a AAS i at oe (OOF 10 

PNG WALL OL OT CAIISCs DIANNE Olerina cies Bee ee 2 Aen te le oe 695 Val 

members and treasurer, may give compensation, ......... . 695 13 

Sinking Fund, may charge with payment of debts, when, . . . . . . 695, 14 

licenses, may change mode of assessing and collecting,. ...... . 696 18 

taxation, may levy special tax on express and insurance companies, . . 702 40) 
resolution, on written recommendation of City Engineer necessary to extend 

Pier COIN DIC Ol COULAC UM EES Vans a city. cetchs le dahag a rd AO) 10 

necessary to entitle contractor to pay for work done, ........ 711 11 
disqualification of members of, by failure to pay taxes,. . .. 1... .. . 7857 29 
Finance Committee of, shall give Tax Receiver his guietus, . ... .. . 785 30 
ie ilatoets LVOCOLY GEOL Olt Vat AX Oe teen Mitr et rots sie) sl bol Wied eee sole® | CSO 30 
miny reculate offices of Assessor. and Receiver, . . . 2... . ds +. » 186 31 
may pass ordinances to protect the works of the Louisville Water Company, 854 23 
authorized to buy or lease and improve grounds for wharf purposes, . . . 860 1 
mayiseue City bonds to pay for wharves. 6-2 «6 oe a te ee er 861 3 
authorized to buy, fill up, or improve Beargrass Creek, ........ . 862 7 


Mime Meera Ve tee ICLEr es: Ver ty ene al de el a de cele ee Pr OEU 31 


968 | INDEX. 


GOATS, Pace. SEc. 
not permitted to go at large in The City,. . . . ree Abe 17 
found going at large, may be taken up, OGRE aah Aiandaed of: PREM eee Yb Ye 
proceeds of sales of shall be held subject to order of the owner, . . . . .. 879 17 
places for keeping, when taken up, .. . Ry egerey oh 18 
owners of, may have them restored before or hs of ales on etre of costs, 879 19 
one dollar allowed each person taking up, ..... ikke wires aie 20 
unlawfully preventing or obstructing taking up of, ae aa Ae Bee i ST ashe U 21 
fees taxable in each case asredsts, (4 tenses eee kas eee een ee 22 
duties. of Marshal in reference to,, 4 3.4. fh. osu.” a ome ee en 23 


GONGS, ELECTRIC, 
required to be erected and kept by railroad Le at railroad crossings 


in Ube, Cuy, ae ea ¢ : 886 43. 
to be placed within three Eros ane males me supervision of ie City a. 
Engineer, 2... Ae rare eer Airy vals) of te set) 44 
fine for non-compliance mt ae ene sitio | VR be Otte FU re re gee ka eee Cena 45 
GOODS AND CHATTELS, 
how assessed. for. taxess*) 403." We a isd a fete) Oe Oe Ue eins A ee 8 


GOVERNMENT BUILDINGS. See FepERAL BUILDINGS. 


GOVERNOR OF KENTUCKY, 
may discarge Inmates from the House of Ketuge,) iar. ioe te teen oe d+ 


GRAIN, INSPECTION OF. See INspEcToRS, WEIGHERS AND REGISTRARS 
OF GRAIN WAREHOUSES. 


GRANITE PAVEMENT. See ImMprovEMENT oF PUBLIC WAYS. 
GRAVEYARDS. See CEMETERIES. 
GREEN-GROCERS, 


rateof license, =...) % RDS Sha Tae tee enn amt oe 57 
may sell fresh meats : aid fy ash segatantee Pea: tea itor tte) 9 APP ah lay Ae 57 
to be sold at place'désignated-in license,t ates. 1a eres eee 57 
penalty for violating ordinance, ... . nel Seon Rae Mee eee eae 57 
may sell fresh meat within four squares of a mar ate Magee PRAM erste Tair, one he, 15 
GROCERS, 
may-have beer-house license. ogi. se fsa mee Rhy oe eee ea 86 
applicant-shall present petition, "4. hs sisst ane se ee eee ~ ALD 86 
what petition shall contain, . . . ee ee A ited) pg 86 
penalty for retailing liquor neat ise Rate oe sir oyster) es CeCe Eee &6 
GUNPOWDER, 
shall ‘not:be retailed to minors.) i) eis) ie et veut pecs ak he Be ec ere 46 
manufacture of, in. City. prahibited, ot 0). sei-aistred cin hence seg oe 48 
magazines or houses for keeping regulated,. .......:.°. +... - 28h 49 
GUTTERS, 
obstruction of, with dirt, rubbish, e¢c., penalty, . .. . Ceo Soe pire Bee 282 40 
See IMPROVEMENT OF PUBLIC tee! 
HACKS, 
what vehicles deemed and called, ..... ‘ 830 36 
printed, copies of sections of hack pe trates duplicate of Hoeeee: He 
statement of charges to be furnished to applicants therefor,. . . . 830 37 


NUM DETING, oe veces 5s Pe wEp eM ts cums aheme she Cebear ee dr Ted. BSc he BBG 38 


INDEX. 


HACKS (Continued), 
copy of ordinance, name and residence of hack owner, schedule of rates, 
. and duplicate of license to be posted inside, ........ 
persons other than licensed drivers shall not drive licensed hacks; fine, 
regulations governing drivers as to conveyance of passengers, charges, post- 


PU aTECHACOM, tL Ot? (re Seay cRNA te aol etn ee Os Bias alee tno, 8. die 
PR eee 2 fei ote ye 2°) ey Wn ee ee hed ee eas hg he od 
fine for not complying with requirement,.......... 
neglect of vehicle and disorderly conduct on part of drivers, . 
drivers required tovbe licensedy: 4)! jk. 3.) hare es 
my charee toraualy license, = 4) <; 15) skbeaeepsel sake? 
GRCCLARC MITA Sha oF. 18 R Bae) lee ee 
Sea rine GLOUCanead GTivEr sng har oe cel ee vod 1 idvewed Mate eye, st) 20h obs 


drivers or owners may not demand nor receive fare unless notices are posted 


as required, nor if excessive in amount, ....... 
duties of owners and drivers as to conveying passengers,. . . .. 2... - 
fines and penalties for violation of hack ordinance, and liability of owner 
HCY CTI = a Nels. Nemes ay ener a ee eee, cat, ee Cin tt de 
Mie eenrerirec VETO «GFT Op hGys +52 Me 0 tre Aine "eee ba eeee saat of Oye 
forfeiture of license and disability thereafter, . . . . 
PaO Lian COs Witt OFGinanced: ON fOrcOd oss n- Bim) eet Mob .t tbe Sc ws ude de ie" bs 
PEM ANOS DTIGCS Herat se OO Gs [oti i mene Wie Ged fee ene ae) Aas malo) oll 
Mit ber. Ol passenpers limited. cate weve up ae ul Cone 
Pavers aT O.1OT CHILTON ewww cia, se emac ene ae core oe ek 
liability of drivers or owners for breaking engagements,. ...... 
CEPI ALONG £510 Ae SEAN CG aragin, (us oy) RN ge ad eanor ay ena tee teaver. 0 ty g 


See V EHICLES. 
HAND-CARTS. See Porters. 
HANSBROUGH, J. G., 


acts of, as member of Board of Equalization, legalized, 

HARBORS, 
Council may provide for widening, deepening, and extending, 
Doatatanchor in, sshiel lpayewnariaeen gras mental cot eee ed os sie) ey te 
permitting boats to sink, through carelessness, in, a niate LOT een dee Rr. ¢ 
masters and owners shall raise sunken boatsand cargoes,. . . ...-.. 


HAY AND STRAW. See Ciry WEIGHER AND INSPECTOR. 


HAW KERS, 

mage DOOTeGUITOd, LO-PBY TICGU SUM rah: Gets Meee ded es oe elena 
HEAD-TAX, See Taxes. 
HEALTH, 


stagnant water or substances deleterious to, how abated or removed, .. . 
sale or offering for sale of unwholesome articles of food, prohibited, . . . 
buying or offering to buy unhealthy animals for slaughtering purposes, pro- 
BaDited 37. Mae we Petes ro SUE MR ROS hy es GON alto ERNE pel Sied os be 
animals shall not be slaughtered, dressed, or hung in public ways, .. . 


HEALTH, BOARD OF. See BoaArp oF HEALTH. 


HEALTH OFFICER, 
ae Chaleolen ORt SNe tami mis 3h are ee ORY Fi eh cette AMR SD 
Ree rea cae ET Yel OTITIS. or teens ys!) cata” Si, hls MU Se teak bec Pn fe ona 


PAGE. 


850 
830 


831 
83 

831 
832 
832 
832 
832 
832 


_~ 


Oo 
ww 


SEc. 


45 
46 


iS 
MS 


970 INDEX. 


HEALTH OFFICER (Continued), 
certificates-to before permits granted, 03.) eau esd eae ye ee eee te 
faillure:of, to grant: burial permis: evel. ism. he ee ae nee ee eee 
monthly reports to, by sextons of cemeteries, . 
office created, sol : 
election by Council, aie term of office, 
salary, 4 SNP Ten cee pO 
may order en remov teal Abatement or creation of nuisances, as 
when duty of to institute legal proceedings, for abatement of nuisances, . 
inspection of locality and houses where infectious or contagious disease may 
exist, ene se 
death poruiicates to be presented to, . S eAne am ees 
empowered to institute inquiries in the absence of a Heath ceeaienre or 
cause an Inqiest'to-bemeld, = ay ete) same screenees ee 
hours during which shall be on antral Se oe 92 ees ew ee eee es 
violation of provision as to time he shall be on duty, a patient reason to 
cause him ‘to vacate bis officer.) Vo 05 05 eae eres etree een 
physicians in the several wards to assist, in vaccinating, . 
to visit all schools for purposes of vaccination, . 
HEARTHS, 
construction of, regulated, as precaution against fire, /:.. .... 4.4.46 
HIDES, 
fresh, raw, or green, having or bringing into The City, 
HIGHWAYS. See Pusiic Ways. 


HOGS, SHOATS, AND PIGS, 
not permitted to go at large in The City, . site 
found going at large may be taken up, impounded, ana qapeed Aye 
proceeds of sales of shall be held subject to order of the owner, 
places for keeping, when taken up, sie eee eee CNS ek tee aa te 
owners of may have them restored before order of mate on are of costs, 
one dollar allowed each person taking up, et eee 
unlawfully preventing or interfering with the taking up of, ....... 
fees, taxable in each case/as casts, sit = eee ee 
duties of Marshal in reference to, 

HORSES AND MULES, 
unlawfully using, in public places, fine for, . rae « 
wounded, maimed, diseased, or worn out; fine for ‘aie out to die, 


HOSPITAL, 
Louisville Marine (City), placed under the control of the Charity Com- 
missioners, 
clinical instruction at, {9.7. = 202 4 a? Ph dest toe UNG Coat Pehapeces mine 


HOSPITAL, ERUPTIVE. See Eruptive Hospirat. 


HOUSE AGENTS, 
who deemed:t6: ba. >.) aan ee ee 
shall pay license, rate of, 
penalty for not paying license, 
real-estate agents not required to pay, Nee 


HOUSEHOLD GOODS, 
subject todd walorem. tax; .,0,0 en mee nena 


el eaet fed fed —_ 
CO Ww Deo KB ODD OH KH - 


Dw 
W OO 


= bo 
Oo w 


43 


19 


22 


INDEX. 971 


HOUSE-NUMBERS. See BuiLprinas. Paat. -SEc. 


HOUSE OF REFUGE, LOUISVILLE, 
Board of Managers, 


SREREDOLGULOMS 1012, ona! Lhe. We: mad ae ee aE, VA grein eee ae LT 18 
WULPORBCSH, b=, 6 Semel ahaa eee RAR a res Se ety oie on am ety ld 7 18 
corporate powers, PACT Ley ae ee, TERNS RO Se Pe TTT 18 
limitation on re ‘all estate held Ley cerned: eee ees crea ih ae Mase A oe Ah. F 18 
BSeMUioU Tr ONMIAXALION p40 de eoceses ease: Gril: Lee Coe ee LET 18 
WU DAL, 1G LGChlOn Ol, ss yue re ie een We ed OL ed a eet wee i eee A 19 
Vacancies, GlowiDility, ere ci sige Foe keane ee Ne pame ne n yk 1S 20 
whom may receive into institution, . . . ae. SUS. wre) en hs 21 
Larma and conditions of receivingainmstesyra eo. oc es «ceed 2), 118 21] 
Powers Hionsrererence. ti iNInhles Mawes hnean ewe. erage ad Atel Soaks) 22 
may make by-laws, appoint officers, ete, .......... +++... 119 23 
Peoria, «Lo toe: legislatures th roksan was ev oy a Leeann tay edge eee iss PAD 23 
et PeOMEL NA eLCOLION Olea a... Koa) terete hake Mane ae etey On, Om a,” cod Lae 24 
PUT MGr POG COU. GE: TIL Gsovey) eal: AB eee a ee IC GISED AA tetas ee aed lr LSS 3 
PeTinisrOiwOsCG, QUOT > BUC cane ant ee Boar el ee ek ee ey  ereae Dot eke 38 
SX OMI PLM LOU ULY-sOLV ICO A tee Mee ecto t cere gehe 40s beds ox he za ee” V20 43 
muLuorizedstorsell a: WOrtion- Ob ANd, 2 seas cel Phe ee tant se ten Pete. et Lk 46 
may direct the use of portions of land for cultivation, ......... I1él 47 
Commitments to, 
by Jefferson Circuit and Lotiisville City Court, ........... 122 25 
Prescribed MAGN Ole areca pale aS oe ae eu eee ae. 8 Aik Dy koe 76 
of juvenile offenders, by City Getic ORE SA Ts Ieee ed mn is eee ae) at 
private-cxaminations and trighvDStore, 58. bess seeoues Re wee ee) L 2D 28 
notice to parents and. guardians) before.) .° 7 .4..5 02) 2 <fae  e ~ 126 29 
appealeery COUN WOUL CLI CaRUetOl nil erst eu oe emced clk Asa ae. oh) Le 30 
copy of record in all, to be filed withthe managers, .....°.... 12% 31 
mas bemiade. by tires: Courts. Only), 0, 2. Geen Unkaeka nhs «htt = Sige te oie 
at theidiscretion of.the Judge of City Court, . . . 3. 2 go. oes (128 40 
courte eiall certify age of child committed? 27.9202". 2 4s at ee 129 42 
maximum and minimum ages of boys receivable, .......... 129 42 
Apprenticeships, 
SIONS OT iste In gee, wee oe Me CP. Sueete os et et tetera at oe Le 28 
children not to be apprenticed pede of the rn UR oR OY cn Sn tel aie) BYE 32 
controversies between apprentice and master to be determined by 
Cromer OUR...” carn as. te ees oer GL Same ect NE Ls | 33 
Wiis we Clecn arse NMOS TrOWl ci owed GR | Gre Jel np flees eee oe hed, 34 
expenses of maintaining inmates, when defrayed ig DELON b Ca saa. eerie Ee h 35 
Miminvers may Visit: DEL Ween stated Hours i/o lg) (-0 nl ef eee ee a eee LOT 36 
release of children confined in} bond required, ©...) . % ° 3. ee a 128 40 
PRT DALTS Oli DUNG uae Ce Pa ee Wed ort wo al st | eek prune ae, Le) 41 
BDPMeaMON an Sule torienteds in cab toe ss ait, Met Pao tee ese yes he bLO 41 
COEIEBUSLATE RUCHOLIZC etry sid ee tere ce a's ok on ere! ete, Meee TO 39 
minor anettine escapes aro, peneluy, fb.) vino s fae neo ee aes Teak ARO 44 
Conamom cand 6, by. he Cityeternis Oli. oo" els. Sl eueee  eecek ey. 2 ee 45 
Council may make laws regulating grounds of,. . .. .4. ....... J81 47 
Da erecaea ey PALO Oe Le) CCV Orne me min afer boat 5. wie i neat a eo fe aera LOL 48 
BUGIHODan Lax fOr SUPPOrtl OL AUbHOTIZEdy. 0.16. kn we, shai wae, Cee le sue 208 42 


Ly Are D POE OO, aimee 0s eee, Amana. sey tsb Sater mk ee ey eh OS 3 


972 INDEX. 


HOUSE OF REFUGE FOR FEMALES, 
controlled and managed by the Charity Commissioners, 
HUCKSTERS, 
in private markets, . . 
shall procure license, . 
rate of license, . Bere 
penalty for violating or ance . 
doing business in The City, . 
shall pay license, . . 
rate of license, . Ke. 
penalty for violating arian ; ae 
See Siecicr as 
HYDRANTS. See Fire HyDRAnNTs. 


HY DROMETER, 
kind to be used by gaugers, . 
HY DROPHOBIA, 
precaution against, . 
ICE, 
sold from wagons, shall be weighed before delivery, . 


fine against persons not complying with ordinance as to weighing, 


IMPEACHMENTS. See AmMorion. 


IMPORTERS OF MALT LIQUORS, 
who deemed to be, 
license required, . 
application of the provision, 
classification and rates, . Phi tied ieee : 
agents for sale of such liquors required i” procure Leone 
penalty for violating ordinance, 
oath of applicants for license, 
IMPRISONMENT, 
by City Court in default of fine,. . 
in station houses,. . 


IMPROVEMENT OF PUBLIC WAYS, 


Sidewalks, 
grading, 
GOT DID Ot oia eet aN Ui a eee es 
DPICK PAVEMENT a eek en ee ee ee 


drainage from house-pipes and water-ways, . 
roadway for vehicles, 

repaving, 

recurbing,. . 

rule govérning contractors, 

forfeitures: and extensloné,tm.) ., -ueserse wi, cone 
no constructive acceptance of cael 


contractors to furnish list of owners i apportionment, 


repairs for six months to be at contractor’s expense, 
when improvement is with composition pavement, 
grading, 
curbing, 


PAGE. 


91 


404 
404 
404 
404 
415 
4138 
413 
415 


bo 


Or He Co 


0 oe Mer) 


IMPROVEMENT OF PUBLIC WAYS 


St reets, 


recurbing, . 


© 


materials in the composition and manner of laying eles sume, 


spreading and rolling, 


INDEX. 


S (Continued), 


. . . . . . . . . 


drainage from house-pipes and water-ways,. . . 


roadways for vehicles, . . 
forfeitures and extensions, 
how work received, .. . 


. . . . . . . . . . . . 


. . . . . . . . . . . 


plat and property list for apportionment . 


first six months’ repairs, 


with Wyckoff pavement, . . 


grading, . , 
preparation of Ronde here : 
curbing, 

PE Clea hatte aes tdy Ashe 
ROOTING ime ic 

Day ement,/) 29a. 
inspection, 

old materials, . . 


rule governing contractors, 


forfeitures and extensions, 
how work received, .. . 


. . . . 


description and list of property ce apportionment, 


first six months’ repairs, . 


. . . . 


with wooden block pavement under Phils Dlsr. 


Per AULS OV an aaron oat 
preparation of road-bed, 
SUrDIN eta. 
pavement, .. 

INS PeChiOn Ae aaa). 

Ol thiaterialey ieee. tc2 
rule governing contractor, 
forteitures and extensions, 
how work received, ... 


. 


. . . . . . . 


° . . . . . . 


list and description of property for apportionment, . . 


first six months’ repairs, 


with asphaltic metal pavement, . 


with Higdon’s 


orgaing). ">. ‘ : 
preparation of ond: heal 
curbing and old materials, 
POUT AUOM sae ak sete ees 
intermediate layer, .. . 
SD CLONES Cig eee Sige 
INA DeChION Fe werent Ye 
rule governing contractor 


SEROINE tee «Bh aloe kee 
preparation of road-bed, 
curbing and old materials, 
BOLT TAONT fe): ys tees 


. 


block-stone ‘pavement, [2530.0 vi. the la. 


PAGE. 


722 
722 
122 

723 


aot 1 oT +1 
wmwNwN we 
we HR He HCO 


15 


19 


56 


59 


61 


INDEX. 


BTAVGl nas of rile aes 
pavement blocks... was ketie:s 


TNS PECtiOn, wuss fete uu eee 


rules governing contractor, . 
with Macadam pavement, .. . 

PTAMIN OS kk cena. Reg y 

preparation of road-bed, 

GUE DIL ee Mee oh Ponte aoe nse 

PULLGER, Sok) <i Sete eee» 

footway crossings,. . . 

street: paying.) tyes 

Old ATErIALS, se ac ee eee 


materials and inspection,. . . 
rules governing contractor, - 
how work received, ..... 


first six months’ repairs, . . . 
UNS PECUIGNs eas hss tees 

with bowlder pavement,. ... . 
OTA, sae a es 


preparation of road-bed,. . . 


GUEDING, (No cere esate ee ee 
PULECTS, On heart ee aes 


footway crossings,. . . . 
bowlders*A0. fist Gade ee 
curbing beside railroad tracks, 
old materials, . 

Ingspechion, i= spe .ene we 

rules governing contractor, . 


list and description for apportionment, 


TOD CO VELIN Car ou eee. ees eae 

first twelve months’ repairs, 
with granite blocks, . . 

description of material, . 

footway stones, .. . 

manhole heads, etc., 

curbs and cutters, 274.) cree 

preparation of road-bed, 

layin ina Veen, ewes ck. re 

laying footway stones, 

old materials, . . 

ClEATING Dy. 5 eokemeite 

materials and inspection, 

rules governing contractors, . 

how work received, .... 

first six months’ repairs, . 

inspection, ).\4.—, t 


Alleys, 


general improvement of, 29. wn. 
PLACING Oo. pete era 


paving of carriage-way, 


IMPROVEMENT OF PUBLIC WAYS (Continued), 


Co bo 


es ns eS ee Oe | 


Hm Hm He 09 CO CD CD CD OD 
SOOO Pt iC te Os Ox Cu fneco 


iol | 


~T 
He 
_ 


~1 
Or op Or ier cn Oy St or 
bo bo at et CS Ct 


PS ne ee ee ee Se | 
t 
bo 


Or 
oo 


86 


92 


INDEX. 


IMPROVEMENT OF PUBLIC WAYS (Continued), 
paving with block-stone, 
with Macadam pavement,. . 


SRE Re Aue A et) bare eats dey cmetae Pats ene armors 
gutters, . ee 

bowlder paving, . 

materials, 

Pere TOtlON hs) isn dey cca hanie i oay ale Oe fear ae day 


requirements as to materials, 
rules governing contractors, . . 
first six months’ repairs, . . DUNCAN s OEICS OS oct wk <8 
list and descriptions for eophraenmens 
Gutters and Curbing, 
“according to Timmons’ patent, 


IMPROVEMENTS, 
what shall be known as, 
may be assessed separately from fecal 


INCIDENTAL EXPENSES, 
charges to, .. . 


INFANTS, 
goods of, not subject to distraint for taxes on lands and improvements, . . 
lands and improvements of, in sales for taxes, shall bring two-thirds of ap- 
praised value, 


INFECTIOUS DISEASES. See Contagious DISEASES. 


INFLAMMABLES AND COMBUSTIBLES, 
power-of Counciliin veferenceto, 02-3). a) sys hen 
Council authorized to regulate keeping or storing of, 
to prohibit or cause removal of, 

gunpowder shall not be retailed to minors, . : 
pitch, tar, rosin, and varnish; furnaces for boiling Serie. 
gunpowder, manufacture of in The City prohibited, . 

powder magazines and the storing of gunpowder regulated, 


INNS. See TAVERNS. 


INSPECTION, WEIGHTS AND MEASURES, 
power of Council in reference to, 


INSPECTORS, LICENSE. See LicENSE INSPECTORS. 
INSPECTORS, STREET. See SUPERVISOR OF STREETS. 


INSPECTORS AND GAUGERS OF LIQUORS, OILS, AND OTHER 
LIQUIDS, 
hydrometer used by, . 
general duties of, 
condemning of casks, ... . ; 
altering or defacing marks of, Cami ‘ 
negligence or fraud by, penalty, 
value of barrels condemned by, 
reports to Council, 
schedule of fees Sheers Avie rire 
shall use the Prime & McKean herabeation rod- anda : 


os) 
or 
bo 


ho 
i) 


976 INDEX. 


INSPECTORS AND GAUGERS OF LIQUORS, OILS, AND OTHER 


LIQUIDS (Continued). Pace. Skc. 

may be removed from office for being interested in liquids inspected or 
gaugediby them, 60 Sa 0 eevee, vas Suni 07a eee ee or egy Ea 12 

INSPECTORS AND MEASURERS OF BRICK AND STONE WORK 

. election“by Council, andterm,/ of ofice, ee... oie wee. ue ee a 20 
shall be always ready to perform duties, . . . ae Woy See, Seo Ns, 2k 
shall inspect, measure and certify to any brick or setae work as revioueaee 378 21 
penalty ‘for violation Of Gaby, 2.7 eee sais tiem wees Det cee at eo 21 
offices shall be in The City,. .. . ‘ Reg oer eh hic, SB ; 378 22 


no other person shall receive profit or hire Nok inspecting or measuring ie 


or stone work; penalty, 378 22 
standard measurement of brick and stone w re AE AO Mn ee cet. 23 
fees allowed, 22 eo. eae moles ue dee es See ae ee eee ee ete 24 
bond required of, A AA a pet tre 378 25 
INSPECTORS OF FLOUR. See Boarp oF TRADE. 
INSPECTORS OF LIVE STOCK, 
annual-election bythe Counciliny (Ar Pics guar werigae eet «ts de ee ee 56 
terms of offices... Ne are fr eee Pee urate Ns Pt Pe Aes | Henshall 6S 57 
empowered to appoint Henates othe ee st Va aeg Ch ommasre ovarens ot tad eter ana 385 58 
appointment and pay of deputies, .°. . . ; 2 ae eee an lah oe 58 
shall not be interested in the purchase or a of liv e Bonk Pe I ak ene 59 
general duties; Wii iwi ekd oo ot ea oe he Jag toies Geeks Pain Shi SAB vate Ee le RS oe) 60 
monthly reports... -ta ye bite Uae eee lloes Eh int Pec ee a es 61 
authorized-f668, se. sia are NS Py te ae ine dite ie see aa ee 62 
oaths’ and Donde 5) 5s ee ee 5 Tab Gat ve aba ed Seer ea Raa 63 
INSPECTORS OF PORK, BEEF, LARD, TALLOW AND BUTTER, 
fees 'allowable. owe Bele Ghee eee TS ee 68 
duties. hos: wwe : ; 5 387 69 
may be remov a rote office far Bete tatekeated in Moceolon identical ie 
them, ERSTE ar aan sy sey er Fe ga ia oe Ta ba eo fai 72 
INSPECTORS OF SALT, 
fees'allowable: ccs), oss tag een Sse uh ee Saks reece nat Seaman Pe tk os mera 70 
Cuties oy ee aR Se A al ee a aia Cen din ee rr Ss re 
INSPECTORS, WEIGHERS, AND MEASURERS OF COAL, WOOD, 
- AND LIME, 3 
shall inspect and classify stone-coal sold at wholesale, .......... 881 36 
issue: certificates of weightion quality, \ 5.4 y.0n aisiee ur eny wae eee en el Rennes 36 
be at‘all time ready to pertormiduties, <5 pty. ees ee te 38 
duthes-01, 41 ae ae Weta © E ; Sa wt tee a toy 39 
fine against persons sereornnite services OF seithtdt aaihories iste <he e 40 
bonds Gf): Cle al oe ee tees epee tee pe ae cee cata ee ge AA Re at che REC 4] 
foes allowed,= Sri ee ‘ ; 383 45 
may be removed from office for peine nceered in paeid Inspected ie 
tH Ora ee epee 387 72 
INSPECTORS, WEIGHERS, AND REGISTRARS OF GRAIN WARE- 
HOUSES. 
appointed by Board of Trade,. .. . yt ee ee Nae nth Sth ntey 73 


duties, bond, and fees fixed by Board of Trade, 5! Mer Bal gids ne Seok 'gsie Bene rane ate ad 73 


INDEX. 


INSPECTORS, WEIGHERS, AND REGISTRARS OF GRAIN WARE- 


HOUSES ( Continued), PAGE. 


inspections by, to be according to standard grades fixed by Board of Trade, 3888 
SOUR L ANAM TOU NCOU w t4. Wi aie ow amet ha ar Ae) s 3 
are MOC PLLINMNICOINOG. Sah oe ea Man Ge Me icdie Pa Paha g Oth ah ol OOO 


INSTITUTIONS, CHARITABLE. - See BoarD OF COMMISSIONERS OF PUB- 
LIC CHARITIES. 
UNSELEULIONS, (OTTY, 
City bonds for purpose of building, authorized,. .... .. . ; 247 
amount of proceeds apportioned to Almshouse, Ww Beenoust ana Patause 
ROR OCEMALD er ce fs Gig Ei h C ieee, A ee CPur | Ma ache pete T ay 
HOCAR SS 5, Soke eae aaa Cody Mr Pe Wins Tada ve elie! ad 


INSURANCE COMPANTES, 
Beer an ee OPH te: IOOTISE,. 2) Mas cs. eeee Wa RS a padre geht rate eae eo sie fee Sh 
rn eC CURIA AC OVALS?! ef oe 5 a Saye ec ean | ce eata irene ee ako A 
Semen otae vite 1iGerise, ORs sr.. /ecee lee at ee Se aaa At? ce aN see 
INTELLIGENCE OFFICES, 
eran ra Otaa COMETS Oly ys: 5.8 oo Age soba Ra tan Mest d cee a eer wen pe ELD 
MURA ay COPIED, ns) « ook ne gtade te sta thy) Maen Te, te aa Sen a eh tr ed O 


Pen eee Gee nk aE ct tena!) tae) nT Seis Sur ie ct Wiens WEE ete one Sahl Bin cw LO 
Bammer ntiurnay Wir 1iGensG IS Cheat ea ieee 4. etek ml tea, Sor ares CALS 
INUNDATIONS, 
Pie iniad DLOVIe ACAINSE Aiea. | ane Teeue Alben eons Unter) ad ck Bie. She 
INVESTMENTS, 
Perini eer Tis Wal As cece aie yO aRe een LW en ee Lee mene |S 9 
fowpe uesessea uel September Ly annually, ci... 8. kek ee dA 9 
subject to ad valorem tax, 770 
TOL Tn Va nacl LOCA Wt earee, Ewa COT Mier ie nt Aa aie Shas te a RTA 
may be included in tax- bill for finds and improvements, . 775 
JAIL, 


control of, by General Council and County Levy Court jointly, .... . 178 
HEOpOrOM Gr nex pelises LO yan COUNLY na acer ale) ys eid ucs so) 178 
duty of County Levy Court and General Council to erect and maintain,. . 178 
fine for failure of Council and Court to perform duty respecting,. . . . . 178 
failure to keep renders City and County jointly liable... . . Lg) 
actions for damages occasioned by failure to keep may recover of The City 


and County jointly, .... ules a 179 
issue of City bonds to pay expenses of pualdine. Ric? Sees Eom gh w yeh. kaDO 
JEFFERSON CIRCUIT COURT 
may commit offenders to houses of refuge and reform,. ......... 98 
Peres sary worn paid by Phe City co eas) cron: tee denies oueal.?, a peal 148 
Miagserouuee tes Ot, Grain inspectors. Gee | anal in. Coaldale we, 2 BSS 
JEFFERSON COUNTY. See County, JEFFERSON. 
JEFFERSON COUNTY COURT, 
RUMI OIROMAMROS el ISCO” LISETICES, (0a mua nes ch oct lace wt, ak Mp eee ee OL 
jurisdiction of registrations,. . . f/f copes Cane eit ce ten ee OAL) 
JEFFERSON COURT OF COMMON PL EAS S, 
armol.)udre, portion to be paid’ by City, 2) 4-7. eke eee. 198 
DEUn Ge RU DrOPrIaAtlOn ENETOLOTy ©” gris AEM So ese oe Se kee) We 198 


men reduce. foes, ofsGrain Inspectors, aighs) .¢ «tie ee tech lateoeeae +  B8E 


62 


978 INDEX. 


JEFFERSON FERRY COMPANY, 
INCOLPOPALION Oly Bims 5 cage fay aon ne oe annem 
GOPPOPATOLS yo! bree. Hee E Wee hie Jp pea ad em es St eit DO aia RR aid eee 


corporate POWers,”. % se. Ri nis GAM i A ee te 
authority. tO Tuna Terry, ore. 2 Magee ecient 7) eeu ana ee 
capitalstock, subseriptions,-eré., “20s .) i). & fohs Seen nen ee ee 
board of directors, 8/<.7 Seccc Pt, See hte Re i 
limit of franchise, . . . 4 ee 


JUDGE OF CITY COURT. See Crry Court oF LOUISVILLE. 
JUNK SHOPS. See Stconp-HAND STOREs. 
JUSTICES OF THE PEACE, 
to compose. County Levy. Gourt,’ cen pion swe eae an ea ee 
in The City shall not grant change of venue to justices outside, except by 
consent Of parties, es CPi 3 «sis ins tegen Tn) ee 
violation of law as to change of venue a misdemeanor,. ....... 
The City laid off into four districts, 
distriets defined,).f > 0. ars’ eye se ohas emceatcaes ues 5 an ee 
election, term, ae number ae juntiebe : 
commencement of term of office, . . potas ots . kgs Pe eee tn eee 
duty of retiring justices to turn over peek Geeouges etc., to the justices 
under the: New. act, so. vu wet ete ae cok | een ne ks ae eee 
oldsdistrietseabohshed, "2. 2) sane Meet eta or A a 
failing or refusing to Spee aa statute relating to their election ari 
term A DirisdemeanororA: tt 3 ae Cae eens 
districts not.to bei altered by,County, Court) — a 2) eee eens cue es 
have concurrent jurisdiction to take bail in cases of misdemeanors charged, 
have original jurisdiction to take bail in felony cases; 


JUVENILE DELINQUENTS, 


may be committed by certain courts to houses of refuge and reform, . . 
KEELBOATS. See WHARFAGE. 
KEEPER, 
of Workhouse, duties, . . . : LEN EN ce Staten aes 
KENTUCKY AND INDIANA BRIDGE COMPANY, 
incorporation, 1 ta Ra ae et a a ce UMA LIS Sat Sos, cree RRA | ke ell 
COTPOTALOLS Fie Meta | toe cote Mena UnSEetnd) 2) ell Cee eee ae eee 
woneral POWeIs sgt yikes eee eoce che eee eee) ens 


specific powers, . . 2 .°. SY ee rte ee SAL a 
power to condemn land, meas of proceeding, 


privileges relative to the bridpe, oy i... ee). epee een Cee ter eee 
may borrow money and pledge property in security, 
Capltakstackey a cosy wk Rey cect ties bin RY as. PRION Anes id 


board of directors established,. . ... 
may contract with railroad companies, . . . 


siibscriptions to, stock, 26 sone. meee gare ln Gene 
firstjelection-ofsdiréetors, ont, Ve youn te 20a). coe fia eee 
act oL incorporations public. act, eyes S .) 2 oe) Spe Seen 
additional powers giveny lio0 A's) Po usae ght 5, oe pa ean eer 


may. consolidate, issue honds,etts <0 a ate) at ee ae ee 
rightof way ‘granted by City.of Louieville;. «5. jis 2 ee 
revulation ‘of piers,;abutmen ts, ecc.) met. 7.0. omens) ee een nn 


PAGE. 


52 
52 
52 
52 
52 
52 
Ho 


at 


m 


On 
b 


71 


t 


114 


42 


o 


. 43 


SEC. 


He bo 


cr 


oO 


Or 


~I +I 


CG © WwW OO 
oe) 


oe) 


INDEX. 


979 


KENTUCKY AND INDIANA BRIDGE COMPANY (Continued), 
condition of grant as to time of completion, 
rate of speed of cars-and locomotives, 4m 
granted the right to lay tracks in Canal Street, 


KENTUCKY STEAM-HEATING AND ELECTRIC LIGHTING COM- 
PAY, 

incorporation of, . 

capital stock, 


board of directors,. .. . 2 : : 
powers of, . guard UK 
Ok, TY CR al ea a ee ct enn, een OE Gree srt A Pe eee 

may make by-laws, . . . aa 


KENTUCKY STREET RAILWAY COMPANY, 
right of way along Fifth, Chestnut, Brook, Oak, and Fourth streets, 
conditions precedent to grant, . 


Engineer to supervise construction of, ; : ; 

Council must consent before new lines built, . . ... ‘ : Kae 

may build other lines, : or 

may borrow money, : : 2 : 
LABORERS, 

liens on buildings for compensation due, .. .. . P : 


PE MMT EO COU Malet rac N a. oh nc) at he 
tem Hours to constitute a legal working day, ~ ..5 2)... 2 eee 


nine hours on Saturdays a legal working day, . eae 8 es 
See Mrecuanics’ LIEN. 
LAMPS, GAS. SEE Gas LAMps. 
BAND, 
what regarded as for purposes of assessment, : k 


See TAXES. 
LANDINGS. See WHARVES. 


LANTERNS. See Excavations. See Pustic Ways. 
LAWYERS. See ATTORNEYS aT Law. 
LEASEHOLDS, 
Suter ens tor GLY tax OS, Bonne “ORE emake. eye we Me ots 


lien on for City taxes superior to all claims except State tax, . . .. A 
See TAXES. 
LECTURES, 
enteric tek chs ges Se Mal Tiron ol on typo ke eee 
Reverb wom scien tilic. SUD OCIS, “ie geaees cen eB ie Un see : ‘ 
Seaman a GOO. (i. NeSCOGOT,. cen a aN ateg nt cate Jat “dy se ah ww ta Maa ey 


LEV EKS, 
may be constructed by the Ccuncil and the cost thereof apportioned as in 
eireermonsiyLelion, x(n Ge eektae wl nwt k's tae 


LEVY ORDINANCE. See Taxes. 
LICENSE, 
General Council to provide for licensing businesses and employments, . . . 
may license any, business nut designated, . . ..... : 
may grade, class, and fix rate of license, ..... . ae trt ih icare ks 


AGC ees int. vee mets, Rel amare. i Ne. Cala ae oP 5 Maar auese be 


Pace. SEc. 


47 40 
47 4] 
47 42 


796 22 
797 23 
797 24 
197 24 
797 25 
623 142 
624 143 
625 146 
625 147 
625 149 
625 150 
453 iy 
454 18 
450 29 
461 39 

9 4 
783 24 
783 24 
411 53 
411 53 
411 53 
871 34. 
8395 


ao 
Je) 
~I 

m Co NW 


980 


LIC 


INDEX. 


ENSE (Continued), 


literary and charitable entertainments not required to have, 


unexpired time of may be transferred, . . 
authority for licensing’dogs, .”, .. <. 
under management of Sinking Fund, . . 
proceeds of to go to Sinking Fund, .. . 
tratsiers Ofnc. eevy: ea sik ene Jee ae 
fine for non-compliance with license laws 
TORE WHOL om a er ole eo ieee ge eens wee 
revocation and forfeiturd, 4. 8s ae nt 
where more than one pursuit is carried on 
to license separately)... 0.4, “x. 
shall be paid into Sinking Fund treasury, 
Who shall procure, 
SrEnitectsy:” Wow emats ot ae wa 5 
astralor eran”. 22 cera) sees eae 
SUCLIGIIOEIS Was ck tee ae i eae 
TNR Fe cram gis PENI al date Bar ee eI 
billiard tabless.ces. 2a ee Cla eee 
butchete: tice. Meee een oe ee ae 
hucksterec& sa eabaat i Sat eee 
Cattle-brokere seo 2 a4. Veale we 
ghiropodiste, Gols ala aati 
RIT OUSE BES, j> MAT sits fl eae Se ie ae 
pension and claim agents, ..... 
CATING VATIbS, 5 2) dee ee 
later ordinance, .... 
COTISE- HOUSES) Mew tee Ve leieed jue 
commercial Agents. so7 £1, nt, 
milch cows, dealers in,. . . . 
Gistuilers, 2 sf\s. 0) tp ttle 1 eae ea 
Og a.0 WETS ail, tein os Game: ne 
Chin “houses, Veta ek ee 
OXChan Se OMCOS 9 ny hee. er cene 
lectures, persons delivering,. . .. . 
exhibitions, theatrical. a) Ave eae 
éRpress COMpanhiee, 2b. Wet creua ls 
flying-horse establishments, .. . 
forbune-tel leray ye so lcre, (ee yt (oan oe 
TSLERSPAte, | hh holete.. freee Leen nea 
HTOON- STOCEDEA 21 aka Pare oe 
house awe te, uc 9” ae Po Na ee 
importers of malt liquors, .... . 
agents for malt liquors, ..... 
Insurance COMPpPanIGd Aa st Ane 
intelligence oiices, >s 74 ee 
liquor merehants; 92%. esac & 
livery-stable keepers,' ..... 
lottery-office keepers, 4) 2.0, 
mercantile agents,. ... . 
merchants and dealers,. . . . 


. . . . . . . . 
. . . . . . . . . 
. . . . . . - . 
. . . . . . . . . 
. . . . . . . 
. ~ - . . . . . 
. . . . . . . 
. . . . . . . . . 


in the same place 


and not into City 


. . . . 
. . . . 
. . . . . . . 
. . . . . 
. . . 
. . . . . - . 
. . . . . > . 
. . . . . 
° . . . . 
. . . 
. . . ‘ 
. . . . . . 
. . . . . 
. . . . ‘ . . 
. . . . . 
. . . 
. . . . . . 
. . . 
. . . . 
. . . . . . 
. . . ° . 
. . - 
4 . . . 
. . . . . 
. . 
. . 
- . . . . 
. . 
. 
. . 
. . 
. . . 
. . . 
. . . - . 
. ° . . . 
. . . 
. . . 


. . . . . 

. . . 
. . . . . 
. . . . . 
. . . . . 
. . . © . 
. . . . . 

. . . 
. . ‘ * . 


each pursuit 


treasury, . 


. . . 
. . 
. . . . 
. . - . 
. . 
. . 
. . . 
. . 
. . . . . 
. . . . 
. . . 
. 
. . . . . 
. . 
. . 
. . . 
. . . . 
. . . 
. « . 
. 
. . 
. . . 
. - 
‘ . . 
. . 
. . 
. . . . 
. . 
. 
. 
. . . 
. . . 
. . . 
. . 
. . 
. . - 
. . . 


PAGE. 
397 
397 
398 
398 
398 
398 
398 
399 
399 


399 
882 


401 
401 
401 
403 
404 
404 
404 
404 
405 
405 
405 
405 
886 


. 407 


408 
408 
408 
409 
410 
411 
411 
411 
412 
412 
412 
886 
412 
412 
413 
414 
414 
415 
415 
416 
416 
416 
882 


SEc. 


21 


23 


26 
26 


28 
29 


52 
53 
53 
54 
55 
56 
39 
57 
58 
60 
62 
65 
66 
67 


Lot) 


ie 


“4 
76 
32 


INDEX. 


LICENSE ( Continue), 
patent-right dealer, 
pawnbrokers, 
peddlers, 
photographers, 
pool tables, . 
pork houses, 
porters, ...-. 
public balls 
real estate agents, . 
liquor-dealers, retail 
beer-houses, 


and dances, 


drummers and sample-dealers, 
second-hand dealers, . 


shipping agents, . 
shooting gallery, 
skating-park, 
skating-rink, roller 
sprinkling carts, 
street-broker, . . . 
swimming-pools, . 


tavern-keepers, retailing liquors, ...... 
not retailing liquors, . 


telegraph companies, . 
telephone companies, . 
ten-pin or bowling alleys, 
tobacco warehousemen, . 
dealers and buyers, 
traders in private markets, . 


veterinary surgeons, 
cars, street, to pay,. 


Louisville City Railway Company, to pay on each ear, 
railway companies or assigns, to pay, on cars operated, 


. 


. . 


. 


Central Passenger Railway Company to pay, for cars operated, . 
Crescent Hill Railway Company to pay, for cars operated, . 
authority of Council in the assessment and collection of,. 


LICENSE INSPECTORS, 


Treasurer and Secretary of Sinking Fund to be Chief Inspector, 
assistant inspectors, appointment of,. . . 


compensation, . 
offices for inspectors, . 


Sinking Fund chargeable with salaries, ..... 


Louisville City Railway Company shall number and register cars with, 


railway companies or assigns shall number and register all cars with, . 


shall give information to owner of licensed vehicle, 


shall furnish Chief of Police with information concerning vehicles. 


duty of in issuing additional license to merchants, . ; 
shall require statement under oath from applicants for merchants’ license, . 


LIEN FOR TAXES, 


See SINKING FUND. 


may arise against owner not named in assessment, 


. 


. 


10 


982 INDEX. 


LIEN FOR TAXES (Continued), 


assessment must identify the property in order to create, . °. 


See TAXES. 
LIEN, MECHANICS’. See Mecuantcs’ LrEen, 
LIEUTENANTS OF POLICE. See Poutce. 
LIME, 
measurement of standard bushel, 
CIOSRESAOT, ates kt eee ey ee A rads eee ht 


LIMITS, CITY. See BounDARY, CITY. 


LIQUOR DEALERS, 

Retail, 
who deemed to be, 
rate of license, . : We A 
exempted from a swat: license, 

W holesale, 
shall pay liquor dealers’ license, . 
classsification and rates, 
not to sell liquor by the glass, . 
fine for not procuring license, . 
fine for unauthorized sales, 
additional licenses, . . 
oath of applicant for license, 


LIQUORS, GAUGING OF. See INsPEcToRS AND GAUGERS 


OILS, AND OTHER LIQUIDS. 


LISTS OF PROPERTY, 

to be returned to Assessor, 

to be sworn to, ite 

failures and refusals to return,.. . .. . 

when unsatisfactory to Assessor, 

failing or refusing to return, a misdemeanor, 

return of, enforceable by judicial process, 
LITERARY ENTERTAINMENTS, 

may be allowed without license, . 
LIVERY STABLES, 

who deemed keepers of, 

rates of license, : 

penalty for violating ree ; 


LIVE STOCK. See Inspectors or LIVE STock. 


LOTTERY OFFICES, 
rate of license, . 


LOUISVILLE AND JEFFERSONVILLE BRIDGE COMPANY 


incorporation of, . . 
incorporators, 
corporate powers, 


authority to construct and oper rats a eee heieer Louie ms me Jaffer. 


BOnyvILIC A een. Boy «Py ae 
incidental powers, rights a Hiytaee 
mode of procedure in condemning land, 
power to lay tracks, construct ways, charge tolls, ete., 


PAGE. 


12 


382 
382 


419 
419 
882 


415 
415 
415 
415 
415 
415 
416 


10 
10 
10 
11 
ih 
1] 


397 


416 
416 
416 


416 


48 
48 
48 


48 
48 
48 
49 


SEc. 
10 


44 
44 


46 


INDEX. 


LOUISVILLE AND JEFFERSONVILLE BRIDGE COMPANY (Con- 
tinued), 

- may lay railway tracks in streets, ey aa ae 
may borrow money, mortgage property, issue Honay etc., . 
OME SLOG, $) ae ue en nN one 
board of directors, ; ie et eee eo 
corporations authorized to subscribe stock inj... . 
subscriptions and commencement of preiicss 
condition of grant of franchise to, 


LOUISVILLE AND NASHVILLE RAILROAD COMPANY, 


PEON OleLMeOS: Pal, f) cc ae. ke thea ke Ae mite Pa sbi 
Signe ol wayanarourteenth Street: a; ce cei Fa he 


right of way in Kentucky or Zane Street, 
conditions of rights of way, : 
abandonment of right in Maple Str eet, . : 
The City of Louisville authorized to subscribe for aoe in, 
may levy special tax on account of subscription, 
Dre ee Toe ae ae ee een 
‘guaranties of payment, : 
ieeedes and Aatiaed of City aie ena "i pay for oe 
additional subscription by The City, . ! 
The City may sell steck to redeem bonds, .... - A ee ey. 
unclaimed stock prior to January, 1864, passed to the Sineins rea Sah 
Sinking Fund authorized to secure payment of certain City bonds ie ac- 
cepting in pledge U.S. bonds, aa 
conditions of such deposit and surrender of Pore 
The City’s stock in authorized to be sold, 
SPPleaioimar, PROCES, stra. Wh ala cuanto sts 
See RAILROADS. 


LOUISVILLE AND PORTLAND CANAL. See Canats. 
LOUISVILLE BOARD OF TRADE, 


shall govern and control flour inspectors,... . . ee ees FU ees 

may appoint an inspector, weigher, and registrar of Gareenadd fix their 
fees, bonds, efce., ee ern 

real estate held by, exempt from taxation, ........ 


LOUISVILLE BRIDGE COMPANY, 
incorporation of, . 
OME I POROTE Clyro 8c en nw is, or Se gr hd ele a era 
vested with powers, .. . ORS isd ia ott, ts hepa 
authority to construct a Bride Opis wee Nera tae 
to purchase: or condemn land, .°- . 2 2. 
to hold necessary real estate, 
bridge of, not to obstruct navigation, ae 
to be governed by federal statutes and decisions,......... 
may extend railroads over its bridge, 
charge and collect tolls,. .::.. 1... % 
PRR COMPUECR ee oy a. 4! oe, de Ln ess 
shall post the toll rates, 
part of an act of January 29, 1829, Brolieabie is : 
capital stock of and subscriptions thereto, .......46+...4-. 


PAGE. 


50 


983 


SEC. 


984 


LOUISVILLE BRIDGE COMPANY (Continued), 


may borrow money, . . 


INDEX. 


may pledge its profits rights, efc., as security, . . . 


DIA Asse (DONS a cat ow po ee ee 
bonds of, may be hypothecated or sold 


may makerby-lawaese gt. ow. sane 
directors and officers of,, . . 
first and subsequent directors, . 
elecpion.ol directors ies meee: 
act of incorporation a public act, 
charter of, revived and confirmed, . . 


authority to contract, 


- 


. 


. 


profits andnetvearnings of, . . 9% >. 
contracts of, with railroad companies, 


may issue bonds and mortgage, . . . 
purchasers under mortgage, . 


railroad companies may subscribe to stock in, 


LOUISVILLE CHANCERY COURT, 


Chancellor’s salary, portion to be paid by City, 


. 


at discount, 


ordinance appropriations tor, ..72 0s) 9s. here 
shall determine allegations of forfeiture of Louisville Gas Company’s charter, 


suits of recovery of arrears of taxes to be brought in, 


LOUISVILLE CITY RAILWAY COMPANY, 


incorporation,. .. . 
authority and power, 


rights and privileges, . 


capital stock, . . . 
CLUPBCLOTS G57 vee 
subscriptions of stock, 


payment of subscriptions 


. 


and election of directors, . ol 
may extend lines, condemn land, hold and convey real estate, borrow 


issue bonds, and mortgage property,. .... . 


maximum rates of fare, 


. 


cars to be operated by animal power,. ...... 
time for construction of road, . 
limitation and scope of the grant, . 
amendment of provision as to rate of fare, . . . 
authority for an issue of bonds, . . . 


authorized to carry freight, . 


may occupy such streets as the Council shall permit, 


authority to issue bonds, 
mortgage to secure bonds, 


right of way in Brook Street, . . 


conditions of grant 


shall number and register cars with License Inspector, 


rate of license required, 


shall substitute tram-rails for crescent-rails, 


’ 


. 


. 


. 


. 


required to run a line of cars on specified streets, 
curves and connections, 


required to dismiss suits against The City, .. . 


« 


. 


- 


. 


. 


. 


. 


money, 


PAGE. 
38 


SEc. 
16 
16 
16 


- INDEX, 


LOUISVILLE CITY RAILWAY COMPANY (Continued), 


released from obligation to keep streets in repair, . . . 2. . 2. ese we 
City Engineer to supervise laying of tracks, . ...-.. +... 
Ordinancs-continues and modifies contracts... 9). ay Wie eo By ie 
acceptance and contract, .. .. Pr OA Sade ee 
right of way in Main, Fifteenth, andl hon an streets, and Portland Avenue, 
SMOULOra Ot eUOh GX LenS IOIts.| ae ae eyes ens apn sae x elie cere ime eked 
CEUTA CAO CMNP ATO ol SO Adiees Baty tein bal Mele Lk eee te ge A ee BE es ot a 
POUT ee wey we rishteenth Strettce. schmidt Celie ais, «ley eee wlan os » 


Oren erOrierOn SAN G32) 5 yagi ose) ee en Re a ee Bee ote a 
contract of March 9,1874, ... 9 Ee eK SMR ald INEM te ott hae 
bond, to be executed, .... ; dhs Pie. : ON ae ny 
right to lay tracks in Main, Sigteeneh, Sev ain sie Baa streets, 

SURO ELOL SO CAT ty thr) cpt be cers ae td pa eer wg 


shall abandon right in Portland Avenue from Seventeenth to Rowan Street, 


contract of March 9, 1864, . . a Pie hn Se CE as he Ph ery 
TheCity’s right to purchase waived, ..... Tse : 
required to lay tracks on Market Street from freer oa to Tw Aree fifth, 
right to lay tracks in First, Second, and Twelfth streets ....... 
PEMURACG OL SMEATON Op LOS. .k shale Semi eh ceere Ue as a Pe ean, ord eid ee te 
rignin QGP’ S BITPOL VISION TOQUILEG, 7 be iat 1s fee Sele Pa eu a erly For te 
RECEPTANCGE, .~ 2... AY PAE he Pees oe ey a Oe. SSR oR SRL eo 
right to lay tracks in se a Siete Shaye Avenue, First Street, and 
BeOUr Nh 6 LLOUSG OL, hei Se OPOUTLAS ihe le ae 8 ale ath SS Wis yon ale We 
Preivancy, of trips.and rate sof fare,-- ani...) ass. WA vy, a aa 
PuLiertL OF Miko UE USC ae Yu) rake satel Mak Aw twain eh anbas ibe Mend 
SRP OP IN ACT Os LOO Sick cos dis oo lay ke Ste A ace MS eget ons 
ROCEDUAIICH, 20s <. ¥ .C ree alae us Se Oy GPS Is Les Bi aay on Shei eines Fo, See 
gates at entrance to House of R efuge grounds, .. . Pied ohare al pe 
duty of Company if House of R efuge grounds are Mela or sande Street is 
BOGOR sees Mit. brea ye ise a he BANA RRO ger 
contract with managers of the Haw of R TOO ice, oh RIMMEL 
ToMoOWINe LACKS AgiCv TOYA lin So SbTOGLS, vrs por MbaN ers) « Ste RAN Moe Malls ey 


HensIey 106 NOt.O Deer y LN SvOT Gin an eiy., FP array Siig os Vale vie es) ae 
Foun DLOGk we trect CONUTMNGIR <h ye tae ie eee oo ROR AG ei 
CUGROR ATL CONNeCLIONS, fo. 2 audio Sana erate Laas he AP lg. Ste 
fares chargeable,. .... SPN ree PLY tes Neier Mea re ct 


right to use tracks of the Citizens’ Passenger Railway Company on Main 
BO; ALCOe Tn BEPGetS es: Nea eke Braman ee en cee 
Mclteo make-extonsion(on Maing Street, . get. poke ans 


LOUISVILLE GAS COMPANY, 


Charter taking effect January 1, 1869, 
incorporation, capital stock, duration of franchise, corporate powers, . 
mipibn! Stuer, Ole WwilAl SNall CONSIptmmmtiss de sih se ate My enBs, ea ae woth y se 
olce and business of the’Conmipanyy. 6°. 5 es os 
right to purchase and hold property,.... 
required to extend gas distribution to Portland, 
Be Lansitis Ol MAI. PIees Vic ee ie. sO mek fee As 
general duties, rights, and liabilities in constructing, continuing or ex- 

PONOM Se WOTKS tt LOG Quy yen sc ee vei, hg 


PAGE. 


602 
602 
602 
602 
603 
603 
603 
603 
604 
604 
604 
604 
605 
605 
605 
606 
606 
606 
606 
606 
607 


607 
607 
607 
608 
608 
608 


608 
608 
608 
608 
609 
609 
610 


611 
611 


306 
307 
308 
308 
309 
309 


510 


SEc. 


con o 


wre © 


—~I 


oo 


“Tt TI SI sd TT 4 I 
oS Or oo 


89 
90 
90 
93 
94 

96. 


98 
100 


Hm He OO LO 


~ 


986 INDEX. 


LOUISVILLE GAS COMPANY (Continued), PAGE. SEc. 
inspectors, appointment, duties, and remuneration of, . ...... . 3812 9 
means of punishing persons injuring or destroying works, fixtures, and 

MACHINGrY, A572) Te Nook) See ee Voce ele hon rE BONS reas: Mee ome ey ae 10 
directors; qualification, election, term, duties, powers of,. . ...... 3813 ile 
stock-cartificates, hs Ly A tee ie ee me ena 12 
stock declared personal estate; how transferred, ~ = isn = y - 4) nolo 12 
semi-annual statements and dividends by the Company, ....... 315 12 
record iof proceedings of directors, ojo.) S95, thee aceasta 138 
embezzlement by employes a felony, punishment of, ...... . . 3816 14 
compensation of the president And directors;.. 4.) ee.) Go ee Oke 16 
directors and president diminishing capital stock to be held responsible 

Lo stockholdersict, *eaweee cles ie Late cde AAS eae ti eee es See 15 
reports to and investigations by the State legislature, ........ 816 16 
violations of charter.a causesofiorioliire, sy) nee ae, een eee 16 
Louisville Chancery Court to determine alleged erie of Charter ie er 18 
tax imposed on capital stock in leu of all other taxation on property 

and: effects; of LhesCompany, 2 4: mak es eee ee ee eee 18 
The City may purchase the works at expiration of charter, conditions . 317 19 
agreement with The City to be kept and continued by the successor of 

the Compatiyn. “6 i. 7a oat see eeiey oe hey ree a 317 21 
fractional shares of stock, . . . . ee Tae eR. te NS Ts a Go Ree: 
When Company is bound to’ extend pipes!" “oa ere neues ae ee 23 
requirements concerning street lamps, and fixtures,” 0°23) 3) 696 1. one 24 
stock held by The City and dividends therefr Oli sha ey A een CoOL 25 
exclusive {fanchisewiven;), eu. 5 + faa ogee Okeene on aee e e 26 
how charter may bealtered;. ). *." 1 giv) A ee, See ee ee? 21 

Amendments, 
capital stock of; ‘inereased,)° Pi 24s ae ee een nage ee eee me) 28 
may purchase and own other gas companies, ...) 3) 5.4) ve woe 29 
Jouncil may sell The City’s stock in; provisions concerning sale,. . . 520 30 
Couneil-shall concur in’ amendment to charter of, . .. . = / ¥.'.". 321 31 
Charter taking effect January 1, 1889, 
re-incorporation and duration. of new franchise,*- . .. 20. . 3 2 vetoed 32 
COT porate name antl POwerg,* C25) 4 eek: ae eee bees: bol gt en Meee eee 53 
powerto make and sell sages sof See) A Oe Se we ha 34 
authorized to continue the use of its ids works, apparatus, etc., . 322 35 
may extend its mains, conductors, efc., through other streets, efc.,. . . 322 35 
Capital Btook: 2M eal aided ihe ok oe RRL, aaa te ere Ge ce ee a 36 
; semi-annual statements and dividends, 2.) 24°", (ay =e a cee ee es wae 37 
directors, 24S a) Cee see ln ee tee ger) ea aye ae ae 38 
déferred elections: of directors) soir.) ae) es Oe ete ae ae 3 
power to employ servants ae agents unt Pea with the same, . . 325 40 
Pas lInspecbory, V7 ys jen eoeetue) a eine ke bb gees yar te aeie Rene Ane er eee 41 
record. of proceedings, "aie wi) aet eae eat =) Sele mes Re ee eae ee 42 
embezzlement by servants, agents, employes, or officers, a felony,. . . 3°25 43 
injuring or destroying property of, an indictable offense. . . . . . . 826 44 
City of Louisville may purchase works at expiration of charter, . . . 826 45 
City may sell its stock, and Company may purchase same; manner and 
ednditions of suchisalest =) Samecs.c % | tee ako Pee ane pene ees ee es 45 


the new Company the,suceesson of thevold; 0.9 Se ks ee 46 


i 


INDEX. 


LOUISVILLE GAS COMPANY (Continued), 
no exclusive rights granted, Pte ga Sal 
property not exempt from Be Fe or State taxation, ie 
provisions as to the relation between the aa and other gas com- 
panies, 


LOUISVILLE LAW AND “EQUITY “COURT, 


equity side of deemed a part of Louisville Chancery Court for purposes of 


tax litigation, 


LOUISVILLE MARINE HOSPITAL, 
controlled and managed by the Charity Commissioners, . . . . . 
Charity Commissioners may grant use of, for clinical instruction, 
visiting and consulting surgeons and resident graduates, 
LOUISVILLE MERCHANTS’ PRIVATE POLICE AND DETECTIVE 
AGENCY, 
incorporation, 
corporate powers, 
directors, . 
-membership,. . Ley. fe 
empowered to make arrests, . 
ewe Net ae CUAL AM, PON ALLY ye Sh..2 pet Ea! Cy eee xt oP el leeds ieee s 
compensation, ree eta 
arrests made by to be resietared. LY AA LS re Laren UE carb ee Di 
LOUISVILLE, NEW ALBANY AND ST. LOUIS AIR LINE RAIL- 
WAY COMPANY, 
The City authorized to subscribe for stock in, . 
conditions of subscription, 
how subscription to be paid, . 
issue of City bonds, 


Wey yo, epecial tax, ... 9.5.7. + 8): 
tax-receipts convertible, Seah Lo ace R AEN: MES ydale he Peat ired ta UPaty. 6 
application of Smee at te Oey ne re i BOS. Unesco ae 


' levy may be reduced, i Se BUPA er fk ne he A De OD Be a) ee 
LOUISVILLE, NEW ALBANY AND ST. LOUIS RAILWAY COM- 
PANY, 7 
incorporation, EB cheb 
rights, powers, and privileges, 
may issue bonds, . . Phe 
rights in public ways of The City, : 


LOUISVILLE RAILWAY TRANSFER COMPANY, 
incorporation, 
corporators, ; ne pv Wines eva ome Bee tates ee ts) sg ah ey ch Sie wee me 
may contract for ae of way, ete, ath L. & N. BR. Rand L.C. & LR. B., 
shall succeed to rights and powers of L. & N. R. R. and L. C. & L. R. R. in 
their contract with The City of Louisville, 
capital stock of, 
may be increased, ; ig REE Pon 
may be taken by L. & N. aad ‘a Ce d2L). Heise, 
organization, 
directors and officers, 
may make by-laws, 


OSS INDEX. 


LOUISVILLE RAILWAY TRANSFER COMPANY (Continued), 


may with consent of City construct and operate certain branches, 


may condemndand, 2. 2) Von } arene as 
shall furnish to shippers empty cars fren of charge, 
may charge one dollar for each loaded car, 


May 186Ne PONS, COM! os eas bee gee see 

when title to franchises shall vest in,. . 

road af, muy ebeleased. 045 elas 

limited ae to.ehare es; \).!\age. Sao POL tere eae. eee 
LOUISVILLE TRANSFER COMPANY, 

In GOPDOLATIONS cue Hates 

powers.) Pols ah tweet = 

Hability under City ordinances... . ey ee 

common law powers and power to hold real estate, 

directors and ofheaay Ge 7) soe : 

number of directors may be See oe Ra a A 


LOUISVILLE UNDERGROUND CONDUIT AND ELECTRIC LIGHT, 
TELEGRAPH AND TELEPHONE COMPANY, 


STANLO, ett ake Sh ecape i ee, 8 el eee) eae 


. 


. 


must allow other companies privilege of using apparatus, 


privilege to use apparatus of, by City, free of charge, 


arbitration between, and other companies, 
no.exclusive wight to; vei eyanek 


shall lay pipes, e¢c., under supervision of City ayseeee 
shall make no excavations except by consent of City tne 


shall not injure gas or water mains or sewer, under penalty, . 


hiable for all inintieg and damage to person or property, 


must save City harmless, 
shallexecute bond to (Gityeen 6 ae ee 
shall begin work within six months,. . . 


shall give City evidence of good faith before amine 


LOUISVILLE WATER COMPANY, 
lands of included within thé City limits, 
shall erect and maintain fire hydrants, 
subscription of City for stock in, 

City bonds.to pay, authorized, .. . 

tax to pay bonds, authorized, 

rights of City as to, reserved,. . . 
additional subscription of stock,. . . . . 


unlawfully and wastefully using water of, how punished, 


unlawful to deface or injure the property of; . . . 


unlawful to walk, ride, or drive through the grounds of, except in accord- 


ance with the regulations, ... . 
Sinking Fund authorized to purchase stock of, 


The City to pay water rents to, ....... 
INGOPPOTAbIOM|s., 4) usc ten oes Lee ee 

capital StOGK ow owin.i.s tautn planes oe eels siete 
MOV OSSUC! DONS, du |, site bei eee tes Mean ames 


may mortgage lands and water-rents, .. . 
board of directors,.. . 


. 


excavations, 


* 


PAGE. 


802 
$02 
802 
802 
803 
804 
804 


804 - 


GC he 
~I 


Nw ee 
Or 


° 
OS 9 
Or 


bo 
els) 
Or 


SEc. 
11 
11 
11 
11 
12 
13 
13 
14 


Se) SS) 


wn 


INDEX. 


LOUISVILLE WATER COMPANY (Continued), 
PALO ORIATLUL. OUST OR GONG erate a) wut» Mok anee ames oe oat te ge 
election, vacancies, terms,. . ... . Maré serie Jer: (ee 
TAA pDOIML OMiceTs Ud. Aver tap. Ca es ge a ee Pe 
Mav wine anOnold necessary lands efit e ce. ote eee y Coaiee ny 
Siete MOrOn tal DOWOLS. 16% taco! ae Maat Re ak MOM OR oe Mle meee ed gees 
IaeerOseemenin land, 6. lot Se scsi ae Mee en 


authorized to take water from the Guie River, or other stream or place, . 
may lay its pipes over or under any railroad. canal, highway, street, or 


PROMIEE Ltrs oy Mun gh. ae aia Th par at Ce eRe ES tc Re oer 
Pum emoaranseriicithe Lib way, ox s,4 ic: ie <sat oo. ton neem eect an 
manner of laying and constructing pipes in The City: Paria. eee hades 
shall supply The City with water for fire and street-cleaning purposes, 
exclusive right to furnish water to the inhabitants of Louisville. . .- . 
may sell privilege of using water supplied by it, ........ 


may make rules and regulations to govern consumption of water... . 

The City may purchase franchise and property of, . . 2. 6... 2. 
no tax or water rent shall be paid for water used for public purposes,. . . 
price of water furnished to The CALY etn gabbana Binh eet LAURE Gf Mae spe Lee 
non-residents of the State not eligible as directors, ........... 
terms of office of directors, qualifications to be the same as those of Coun- 


ie VON MOOR de eter eee eee ght eA a Ace eet Nek. oe oh Ire RMT 
Gavect election, vacancies, deferred, Gléctions. 9 a 5.051% eee oat 
may establish rules and regulations to govern consumers, .... ... 


fix penalties and forfeitures not exceeding twenty dollars, ... ...... 
publication of rules and regulations, . . . . . Bit STN oo AA ee Aen eS 
rules and regulations receivable as evidence in all Souris tot. wee 
persons who shall willfully or maliciously defile, corrupt, or make impure 
any water of the Company, or injure or destroy any pipe, reservoir, 
building, e¢c., liable both in civil action and to indictment; fine 
pats Na siyhemt enastcc 1 tees AMPRe Lean ack cz wan PAN MRNA etn, Aion ra 
persons injuring improvements, fencing, ground, shrubbery, ete.; liability at 
RAW eae ae he We etree Pein, Lee tee sie Ms ree AT Ste 2 aiwadi ceca ae 


officers in charge of reservoir and engine-house grounds, to be invested with 


folige powers, ie) lp Peet a eae la ieee es cS re te 
General Council may pass ordinances for the protection of WOPES Ir ay fers. « 
UAUMRGRCEbUCIINICTORSOG, 5.0 onc ia. 6. jenienibe yor Pinte ofl Betis tae Ween aatty se 
how additional subscriptions made, ...... 
‘City may subscribe for stock and issue bonds to pay forsame, ..... . 
may issue bonds and mortgage property,. . . 1... -fs 2). 2 ee ee. 
works continued by the charter as an inptiipion er L Ne: Cyt seer ae 
conditions of further subscription on part of The City, ...... Seta 
no tax or water rent shall be levied or assessed save in water district as 
RIFESETID GD, nic en eyes oe ea eee tmeeme nana etal ae cia ate oN Ee 
Council authorized to give or loan City tends Oso ta, aia ta sm ne Mt ko ar 
publication of rules and regulations, . .... . ijk nous 


by-laws of Company shall be received as evidence in all courts, 

persons using or taking water from public or private services, without con- 
BAT tett: COM DOIr Vs AY Oe AEM pha ik <. Ais pr eee Mee Tegl ats Res 

proceeds of fines against persons violating laws concerning, shall go to 


> ¢ c S 


ae 


CMOTAT YS a eg We alata eds as Gare e mks Sem Doe a Paes 


PAGE. 


© Dio 2) 
Ca Or 
cr or 


CO 
or 
Cr 


990 INDEX. 


LOUISVILLE WATER COMPANY (Continued), PAGE. 


may appoint persons to be in charge of premises and property who shall 


have powers.of policemen; 2.0. .% m eute seen é 857 

power to borrow money, . . . . : es ae ; at sae; 857 
shall supply the public cisterns ars Rvarantl of The e City tee of chened 858 
exemption of from taxation, ... : 858 

LOUISVILLE WATER-POWER AND CANAL COMPANY, 
incorporation of, . . oP ear ey tee ee Teen Pe as 
COLPORATOTE igh tes hi eee ae oP ytd tes Sp ek ie oP oe eae A 
COTPOTALE: POW ORS, ae Sawin vse UO secant A eg i ig eee 
authorized to make canals 7h oa ras uk? me ool ern en 
fo acquire. and Doldslands.7 02) ta fe sage 7 ome ae a 84 
capital stock and subscriptions, me 84 
directors: 00 (07 3) 5 eo FE ee aires Re ale Cr iy a hina ote 
Oilicers; 5 47s Fe Pee a a : RE ee TOMA toe es gil 
may charge ‘Olle rents, storage, wharfage, nite Se al? Sip ener ins 85 
right to use natural water-courses, cross over or under highways, efc., eR oo 
exclusive franchise conditioned, feist Sy) ca ee an 
initiof franchises 22a. A eeee me wes Oe : %6 

LUMBER. See MEASURER OF LUMBER. 

LUNATIC ASYLUMS, 
certain persons returned from, maintenance of, . . ~ 136 


MACADAM PAVEMENT. See IMPROVEMENT oF PUBLIC WAYS. 
MAGAZINES. See GUNPOWDER 
MAGISTRATES. See JUSTICES OF THE PEACE. 
MAGNOLIA AVENUE, 

right: to ley raviroad track Migr. 4.4 cee ele meres PAT its eer fc srt) 
MAIN STREET, 


right of extension in, granted Louisville City Railway Conipany, . es) oe 6OUD 
right of extension of Citizens’ Passenger Railway Company,. .. . 610 


MALT LIQUORS. See ImportTERs or Matt Liquors. 

MANAGERS OF CAVE HILL CEMETERY. See Cave Hitt CEMETERY 
CoMPANY. 

MANAGER OF HOUSE OF REFUGE. See Housk or Reruvae. 

MANHOLES. See IMPROVEMENT oF PUBLIC WAYS. 

MAPLE STREET, 


right to lay railroad tracks insom. "eins (g g.e eases nacnas tet tne 
MAPS, 
for purposes of assessment of taxes, . is caesar me 9 
property may be sufficiently identified 7 OEP eh oe ie 
additional may ‘be provided ‘by Vouncil, cas 28s eee ee 
fine: foranjuring or destroying ie, "acme, ee ne nn ere 
of The City, . ee he rer i tn eee oe. ee. 
rade, Maps, o Ge. bre) See! ese MN Si) «Th nce ne ee Mk as tee Me 
when to be reported Dy Mn Pinieeh, aos soa feta a, cage st Scat eee te 
Of sewage districts”, 2.1, sQ0 ih. iyit thee 8c peek et 6 eee nn coe 
MARKET HOUSES, 
stall-rentals,-how paad, io) voce fale Ree eS OLS he ee eee ene eet tg 


sn] 


fot 
—v 


~J Cd rt 


bo bp — 
Bm Dw bw cw © 


=~J 
Or 


INDEX. 991 
MARKET HOUSES ( Continued), PAGE: SEC: 
HUT Perens wlOwses; 3. 2. aS PWR Re >| ] 
SPOT Pk MOLL SUR LIS AT; 2. vroy | Seis sated ov Pe Oe RUN ERE oe oh jemi ds, (4 OU) 3 
Reto Od. DLICES,: |. Ga wick ie etal po eae IR eee ems ss OS. Ey "ede 400 3 
SPORE MOLIOULLLO,. ». 42 <> ol te Se pe ether ke SP REE 8 ABR 9 
Peer raliienier Ol) 1GRECy—. ee Swett, « GN CW eet tee Ren 6) 431 4 
Toren Mion Or lebeebe 6 Het Sac a ane ioe. Mia Mian i eee ee Bs 4 
FOP SHOE NTO VislON me OUCETIIN Se.) segs he) gS tare ales See, a sae Od 10 
TAO BNR Reg yaa oo 4 A aCe CoC we ae kre one 435 ]} 
description and regulation of. stalls, a i a Mae Lees : 435 12 
MarrenmiAsuers LO nave management of, Go .. 25.20 Gee oles ee ae le oe ls 435 13 
Peewigtionene to, care-and, keepine Ol," 2 il. Pes pivaere Aye) ee ABT ty 
MARKETMASTERS 
itt SPEET CI eo. le es oc ba se A tt ee Rte ae aa ASO 9 
PMRPCMROC TOG s 6 iS ee poh, QuSee he IRee) oma a RU PeR Ear cen hh ies . 4380 3 
CiromnmLOnerents Dyy <4. <C ey cael Rare me ee: woe aaa. ore or a at lgd ABE 4 
shall rent market spaces, . . . Ra Let al Eh Tet ca? bare rege ah a) rae 432 5 
Tmeriuariarty Viet tislestees, ing. eee ee eee Wk os ls lee te 5 
PURE TY TEDOTGS OL COLECIIONS, 04. se sie Con Fe. ot Yel Be Sk swe Dee ete Oe 5 
Pere at LOCA GUGT LINE ies sods n sari. eat Whigs MT en Fe Aedes ery a aR aellig  eOO 6 
RAP eC eUeMOOTS Clit fs 06, me ON, let eae eee baie Sure ee eae toe an 483 6 
ieee et Se Dy OFOINanees pas rh ke we Rowe aayouse? valy wee a oS ve 
Menerousuiity OL 6Cale andoweig Hts... 02. a ateee osc ceem ie Gl Al gets ays eet aOn 11 
SUE E COIL 0 WOT, 4, eran lal etpes, ae ean sh” Ue SI Pe Roma ee ee AOD 13 
analienntrol market vehicles, «se. =. ai". fen wes Soe tee thy at a) eae) £400 16 
Fooors ret celleriione tO COUNCIL? iS .Aa) ale teats Prete s! om eS ey ss OS 28 
PerarerOLRL OO TOOOL Sia) sete & Ve Senet e ant uae Oo ae Be eee Re AOD 30 
CEH Tig NEN RAVAN Lo ee Ae St dete. TR Le NREL eh ee AT 33 
Sinking Fund chargeable with payment of, ga eee te cg eater a 157, 20 
MARKETS, 
Reine ise -weigliteand measures. in, tine fora fey. en} | aes. 0 £1) 288 51 
in OP er lie COM UUCT Il pILOeOl ie een Saline b ahi nigss 1o Rel ae EMA ae VOD ae 
Hower Counellit refersuce toe). Sar ary ies See. 38 Be he OOe 1b 
sale or offering for sale of unwholesome articles of food in, prohibited,. . . 3867 5 
buying or offering to buy for slaughtering purposes unhealthy cattle, hogs, 
Bia PLOHIDILCC A tes Liha ak ek eMC Bios Oe be ot Bey aM ee BOS 26 
meat of animals slaughtered in a feverish or overheated condition shall not 
Derotered ior exle as-food; ...) > ees Sree bs tek 5 368 28 
meat of cattle which have been exposed to cattle ree shall not he Paarad 
forsales. > ee, ee ty SS eee ee aw ae eo a a ae . 368 29 
meat of unsound or unhealthy cattle shall be confiscated and destroyed, . 368 29 
unwholesome meats, efc., shall not be bought nor offered for sale as food,. . 368 30 
tal epell now be; cleansed 1.) 0S eee ee IN nds =e Te fee 869 833 
butter and cheese made from unwholesome milk shall not be ae or peta 
for sales eta tae aS 5 cee A ted en oe yes . 869 a7 
decayed or damaged vegetables shall not be brought into City or oe “ for 
SC TCR ORe as Vahey et ’ {PIP A fe Aaa Ae ides ©) VOPR ATT 1 | 38 
cooked provisions and liquors not to ee ROI GIN > Mod eel ae a eke, Come Sea 8 24 
animals not to be slaughtered, skinned, or dressed in, ..... ... 2... 48 95 
smoking in, prohibited during market hours,. ..........46.. 48 26 


“ 


992 


MA 


INDEX. 
RKETS (Continued 
b] 
penalty for violating ordinance,® fa, io.ar a. no) tee eee er 


fish, provisions-concerning sulewit,. Wi >. ees dee ea eny oe ene ee 
penalty for violating ordinance, ss. cevm ea eae eae 
fresh meats not to be sold within four squares of, det penalty, . 


MARKET STREET, 


MA 


west of T wenty-sixth Streetemamed: © ibe.ce. | 9) mtu ces 


RKET WAGONS.. See VEHICLES 


MARSHAL. See Ciry Cotrt or Loursviiwe. 
MASTER-BUILDERS, 


not. required to pay arehitects’ licensees caters elo ke eee ee 


MATERIALMEN. See MecHanics’ LIEN. 


MA 


YOR. 

may be appealed to in regard to applications for building permits,. . . . 
may overrule Engineer’s decision relative to application for permit,. 2. . 
duty in relation to unsafe and dangerous buildings, -....... 

shalli rive notice to ower ae required eee alee mea ee ee 
may be ordered by Court to abate building nuisances,. . ... .. 
member Board of Commissioners of Public Charities,. .....4.. 


4 visitor toGook Benevolent. Institution, Gh se. ae ee eae F 
a member. of '‘Compromisé’. Committee, \ Fis 6 me i oe 
shall certify pay-roll-of (City omicers; Awe... bap aie een ee ae 


phalledet all public work; ts. .5e Ga) aiteeh «epee wear eel 

bide to: be-opened/in’ preseue,.Ofs 1) 0, eon a) ei ta tee eee 
shall issue to successful candidates for office notice of their election, . . . 
shall summon the Council to meet on the Tuesdav next succeeding their 


election and report poll-books and certificates, . . . ups wet og 
shall cause copy of ordinance as to duty of election officers to - delivered 
toveach officers? o/s cia Le os Gecigete as Oke 5 rie eek ee 
shall appoint.Gas Inepector, 500.05 a pre ten ree ee 
power of totadjourn: Councils. tN! Uy ie sie, ad oie en ae 


secret service. fund: at disposallofiins cc, ums hee he ee ape 
shall administer oath or affirmation to any and all executive officers and fur- 
nish Council with certificates thereof, ........ tog Let 
shall not authorize coal-weighers who are incapable. ......4.2... 
shall issué-certaficatest0 coalwelghens..) Yvaer anaes ies aoe, ae ee 
may order coffeé- houses closed iui lite ifs ieee ete ene ae ne 
may order: tivern-bars closedy 5 af ore: oe. yrs ewes a oe ee eee 
shall approve leases’ of markepestullss om o.)e Paes collie mete cir 
chief execttive of "The: Gily, Sees ai ecules eel aie een 
manner of elegtioiy = tak Uhre ees oe a en eee 
term’ of -OfR@ery 3 We” Ae ene yh cs ee ee one eee 
timie, OF GlBCLEOIG ao SL ea tes eed? Ls aspen gy eae eg Cee ee 
qtslificatloneg,.. ai lee ie tee te Ven eamear kc oe) Menai nint eae eaten Rehnaa 
when to enteripom hisdtties, Ch rey won pian ae tes painter ee me 
general duty es oie Gee ee ane te Ac tem ray yg ae ualle cen Se ee 
shall exercise general supervision over executive and ministerial officers, . 
sce that laws, ordinances and resolutionseare executed) x icco stea ec cate 
may appoint his.own clerk and remove nims% 022 G0, at on eae oe 


PAGE. 


438 
439 
439 
878 


533 


401 


Src. 


earl 
51 
32 
14 


91 


-1 


4] 
ie 


aco ho 


fomy | 


(9 8) 


INDEX. 993 


MAYOR ( Continued), Page. SEC. 
Sela apne ead Gis LG DOLCE ets wi ee ed ag oP gic che tee: la 5, AAD 9 
mam order Ciivens into services stent Fo ee ee ea te 442 9 
approval or veto of ordinances and joint resolutions, ......... =. 442 10 
passage of ordinance or resolution over veto,. . 2... 6:1. 2. 1 1 se ss 442 10 
ordinances and resolutions to be returned by, ........4..4.. +. 442 11 
SOMME iy. PU. CONVERGO NT, oneal ae a eit a AP Le. vs AD 12 
BURpOtere a acl ister OALMS. FICet Aa ae iho eat Wey aol ea ag 5S at 4A 15 
pee Le Le raoAn Glen insoles, \seuts) a aetel wh cteee hes Us toe oe tees! Beg 449 14 
Ee Ve LOMEEN OTE avi. i! Litas Si Ae A Ns ee Lee. Pere ee ee oem stre s 44 e 15 

Ore menlOTig et! a5? a Oxcer ante Rem ias Me r R eM eae oa Bim: sf) 44 16 
Pe Maen an TEL BELO TOS OT ny. AS Sovcy ee eRe i eas Oe sdee) 16 to hal eas Gin ote, 448 17 
Dyes INO CHIZONS INTO ROLVICE: ohn ka a caloe eel de SWL aioe UR ples a) va tos 448 18 
Pe TUe AA CACSTOMCET S| uy ie tte et OR ho) Te ad Gee ee ee 4 a8 Le 
wienrimay Urawian secret service funds {hac o-. Ae atts Gta ey, 443 21 
Ee Mice 2 Pekin oo oc bn ir Sealy anise: cit Ae Peat eh geome RPA Areata) ae ATE 33 
Reem D LETS GU de A. «sv on, 2 PEN ee ae ee Me cas hg Fis Pil Aa tae Oe EE 33 
Reeeeiall Gcuninisver O8bl. Or, OMG, a Md we ka cehccl> earn eel al lad pe) 6d eh ATG 56 
aM receive, pilerte: OF Vacated OliGeSs 195m a awk et ae a te ae ht es AT 44 
ioniper OF >0aTd (Ol, Force COommissionersie. tov ai sees 0c. oy mute Se Wego 480 1 
Bie Wel tONCLISIN iss POLICOMICN,. ails «5 Duar hs Polka he iat ts Satan oie vs Nay <a 480 3 
Seats OUCO.LO De. ROMINELED DY, . lghau eee ober Pst o fe lana abst wi wh 400 ES 
Peprescribesrules for. povering police, Gai owe ci. hale sank a bevinee 5482 10 
Polied Commissioners to be convened bY," sic. fF ee der see ead ee 488 18 
Ponie Veulenaite tobe nomimated (DY). 94 iret idy ash ee akl tres FADO 14 
Puptiiu-uouse, keqpers: to be detaneds Hyy yes he lee a ade oe ao . 488 15 
miomepoueetien may be dismissed by. 0s... dew bale los bo hee. ols, 400 16 
iawn Sipernumerary: POILCE, ON MILs ra: 5. ois camien iia s,eeehe) LA Mey beh eu 488 21 
Do wemtordepall GetsClivesy Ge 4 sp. ee goes leew eee ki bo JL aire sed Ob 23 
proposals for execution of public works to be opened in presence of,. . . . 519 13 
Bit hor voner Lo: renletting Of COnLracton |. \ Ake chase, nyt, cur aptenm ans WOOLY 14 
pislhomploy potsons to clean public waysy ann mu sug, -8/,’. serps toe 2, ari 2h O20 49 
Sueeei-cleanin gat be inderrdreetion, Of. 0 sia eenteetyw. of hil skin ne” lee OSD 50 
BUDOUvIsOrOl BECreeh-Cleumine bo TEPOLe:tO; ve smear eid: okes ee ey make Le SDD, 53 
authorized to convey to the Louisville, Cincinnati and Lexington Railway 

Company City. land along Beargrass Creek), . .%. . ... : . . 566 52 

also land between Brook and Second streets and wharf property, . . . 566 52 
may require employment of guards aird watchmen at street-crossings,. . . 567 54 
Elizabethtown and Paducah Railway Company, authorized to contract with, 

Rerardine CMUCIEION, 4. <aae eae Sa eMoes rth tee a. yer cate LOTS 78 
Louisville, Harrod’s Creek and Westport Haiteay. to make lease to, of cer- 

CRITI TGR LV tere! Babret Cet oar ae eu = 1 eae eS aida i eat vee SOD 84 
together with the Finance Committee shall approve changes in tax- ae AV 11 
eominiselaner: ol. tue mining Wud ares, fide wn. wt Oe Pele adem we 2 
may appoint members pro tem. of Board of Equalization, . ...... . 774 2 


authorized to procure places where goats, hogs, shoats, and pigs, found at 


PAR Pay, DEA O yea ots nf he terme «feet | aptiembs vik > ohisitnr Wngls Rh et ee gr hag CO 18 
shall annually advertise for proposals to remove dead animals from The 
COI ae? os ate. Va ERMC, cc Kor oe ieee ae We ee doa cut 26 


MEASURER OF LUMBER, 


Pt EGCER UA ya ale (0 oe ete Vem net 0 OR ata eg aN ih at ian aoe sas 
63 


Se) 
CO 
o> 
or) 
se 


994 INDEX. 
MEASURER OF LUMBER (Continued), 
Council to provide for compensation and prescribe duties of, . . Zl 
may be removed from’ office for negligeneeretc., 1, vou, so ye seen ee 
duties, ’ : ; 4 AE EEE Ape ape hk ae Saas 
MEATS, 
unlawful to sell fresh, within four squares of a market-house,. ...... 
penalty for violating provision,) 5 Si ce; 1 2172 eh es hes eo 
of calves, pigs, or lambs which, when killed were less than a month old, 
shall not be bought or sold as food, ..... Shits at i eens 
of animals slaughtered in a feverish or overheated SancaRioa shall not be 
offered fOr sale 22°80. Qe ea ee ey oe ee a ee 


of cattle which have been exposed to or.are liable to communicate the cattle 
disease shall, if offered for sale, be confiscated and destroyed, . . . 
no cased, blown, raised, plaited, putrid, impure, or unwholesome, shall be 


held; bought! or sold tomwlood, 005 ais tac. scene EC eee oe 
of animals which have died of disease or accident shall not be sold or offered 
for sale ag. food, ts; So See ote 7 sve Meceuee byl aie Rear Seen ee 
MECHANICS’ LIEN, 
Act of February 17, 1858, 
lien given for work done or materials furnished, ........ 
lien ‘to continue if) contract: be resctmdeds 4) yea ee 
lienholder to be substituted for evicted employer, ......+.... 
liens against corporations, societies; ¢i¢4 "5. a.) a eet ee eee 
how liens. may -bevenforced, (0 95) ".5 a2, a, bees Coes 
how barred’ by linaitation, #722 Sar op iinet ones cee 
to: whom liens-are-exproessly seoured) <i. C0 ta amici ote ee ee 
taking security waives Liem; (2 25.9 ses: taphed oO paper t ene 
procedure on partvof lienholder) ce. We oko aie a ee ene 
answers by defendants,"and trialiof cause,’ on ot rey eel eee 
judgement, execution, Tees, and appedlsic2 eels Laredo ee 
lodemenit. of record and judgment, .) 2% gh Hee wore een 
liens. not valid agwainst/bone yide purchaser, (9. 9.0 we 
application or, the laws 2 sy eee eee 
the law aménded, iit hve ee CR Re 2 ae ee eee 
object,of amendments) iis ape cise es Maan te ee Wael caer 


Act of March 2, 1869, 


All persons performing labor or furnishing materials for a building 
given’ a lien thereon, 2) 6 ra. a bee ke eke ee to a oe 
how liens may be enforced, 4-3) ui n.y ey se ©) ui eee ae eee 
liens of ‘sub-comtractorsy se les Sees if, ek ee, 
settlements between owner and sub-contractor as affecting contractor, . 
notice precedent: to: len Oy es URN ate ere cena ee 
enforcement of liens,. .. . ope SY ORES Re OLN WS Ra La! 


improvements on land of an ptene cestuy que trust, or married woman, 
where interest of employer is less than a fee simple estate, . .... . 
materialmen’s lien where the particular material may not be identified, 
service of notice, . 
repeal of previous inconsistent, la wey.) 202. (P 82 cle er ce ee 
rights and benefits of the law extended to decorators, painters, frescoers 


And, Others. ined a's. eal ey © oS os ced ane cere re ee, 


° . ° . « . . . . . . . . . . . . . - - . . . 


PAGE. 


386 
387 
387 
387 


568 


368 


SEc. 
64 
65 


30 


Cot em op De 


co oO 


INDEX. 
MEDDIS, S. S., PAGE. 
acts of, as member of Board of Equalization, legalized, . ....... 787 
MERCANTILE AGENTS, . 
UO ORO Ta), o's ats, Rp han eed? ek Oe cab Bet Pie RA Ed 417 
ipeSCGN SE Soon). Oe erddats COM en ool epee oes Saeed, , ~ 4L7 
uD aaeV LOLATITION ONMNATICG WOR, u <a tes, STEN a waite, Shin iar ds 417 
MERCHANTS, 
BRCURPEHaLO ne TCONSO he <n) bre mia aoe eer Arm tikes I AG ty ce en AOU 
ewe trenornl Council: shall onadadisensd,. Worn CSR i eee ges 396 
shall procure license before commencing business,. . . ......- 882 
divided into thirty-five classes for license purposes, . . .....-... 882 
SAaeee BRreTeH Gr CBO. 4 ae Sh Uc mee: Gielae we bea ey M xtck te 882 
authorized amount of annual sales of each class, . .......-.. 883 
sales exceeding authorized amount, additional license required for, . . . . 885 
BUOUmmal MGeiedsy HOW ISSUGU))) se 58 ee oa Me bain.) wk vai Stale) afl el a) eho BOO 
sworn, statements by applicants.for license; . . 2°... 29 2 ee ee 885 
DerinemiO atitio” WGense Lawes) 4 ley da Mayans oy oll 6 ee gue Pee ee =) OBO 
pepenl of former license ordinance, 20. 62 Fo eh lee hen ars 886 
MILCH COWS, 
Gemenemredimred torpay License. \  . owen yg. et ee lkes oh eS . 408 
TARE PC OLINE. a9 Gap che ON UR ee at ee ne ee bette 408 
Pee rcser tay OLMAD SOTO INBIICU,! Ut.) on Out bear abay teas Leads Fadia galtenl Sop 408 
MILK, 
unwholesome, watered, adulterated, or swill milk, or milk of cows kept in 
stables or fed on garbage, e¢c., shall not be had or offered for sale, . 369 
persons bringing or sending milk to City to be sold required to have permit 
GELB OATHOOL, EL@UIG I we Pe ena sae OR oe Uen, yk oy et be ame ete eel OBES 
conditions upon which permit of Board of Health will be granted to sell, . 369 
persons having or offering for sale shall post conspicuously the names of 
dairymen- with "wim they dedi’. esa ans 8s.) laeaat ae 369 
MILK WAGONS, 
required to have name of owner and number painted on them,. . . . . . 869 
See VEHICLES. 
MINISTERS, 
Piao wisi, (newt Ouse 00 Tiere = 0s. ea, sere Mae Ga oh any recur <= 127 
MINORS, 
may be prosecuted for breaches of City ordinances, .......... 5 
VO BIE ORLOV OEE LOS OMI Ite: os Arn Wee Mg se Red apa yieiee ala Pay ta eS 
MISDEMEANORS. See FInEs anp MISDEMEANORS. 
MONROE STREET, 
Prem ott OTe Pee eaTTTOC eta 0 aha, J. ieee Ee vet owt a eat he i ns, FOOD 
MORTON AVENUE, 
feo arolGe Siresteianpen tO, ahew. vlies SORE eae AO Bed 
-_MULLIKIN, GEORGE, 
acts of as member of Board of Equalization legalized,. . . ...... =. 787 
MURRELL COURT, 
hare Ne ATA SiO.) -:.5- Ar Lie ces A A er en ee ee BBB 
NAPHTHA, 
storing and keeping may be prohibited or regulated by the Council, . . . 283 


995 


SEc. 
37 


36 


10 
46 


996 INDEX. 


NASHVILLE AVENUE, 
desertbed and mameds ys. i a ea eae aes ee a nea, 
NATURALIZATION, 
not necessary; before rewistration, > pa 404 us cae, Wolke Gy ss kn eee eee 
NCGOSEALY WOLOTS VOLO S, 9 wie. ee poo ken a> tee pe dete ee elae SSeeeeL eee 


NAVIGATION, 
Louisville Bridge Company shall not obstruct, . . . eae Rhbee Mela ts 
Short Route Railway Transfer Company shall not bate UGty pee ee 
NEWSPAPERS, 
to publish ordinances, .. . 
election of by the Council, ..... FAW tis a ears A Wins Me ge en 


Council proceedings in, prior to March 8 Oy be (es ae eer ae te ele 
NINTH WARD 

DOUNGSTICS Ol, tI IS arpa st ots ae ei caeets ais at pee ee oe 
NON-RESIDENTS, 

taxation or propertysol, a) 5. ties meade: er eee kere ee 

See TAXEs. 

NORTH AND SOUTH FERRY COMPANY, 

The City required to-establish a privilege for,...: 9...) . 08s 2.04. 

IN COPPOTALOTS OF woo (nies Meree haietls pe tena ee he Ge tse amen ana 

location ‘of ferty sole ii3 T secty 15.2 verwtee pas on) ee ee Se Pa amen 


other and similar privileges not to be nearer than four hundred yards to, 


when:to:make application for privilege; 7 i= *ooun eee. | enna 

recourse of, on Council’s refusing privilege,. . ./. .. .. 

power,of Jefferson Circuit Courtrolative:to, sia) oh. gear eae es ee 

meht ofsappead Ol, actin 5h vn tele ook oo ee eee ee 
NOTARIES, 

notineligible to the Connelly) (92 S* 90 oA ee ee ee ee 

NUISANCES, 
unsafe or dangerous: buildings deelared,: ae oie ee ee ee 
ahatement-of unsafe.or dangerous buildings; 9.3)" * oes eee ee 


informationita Mayor cigs. Sts rte nen Reeve ere ee 
notice by Mayor-to City “Attorney... oui os nue a eee 

motions byLA ttorney in Oiy Court... 6 a eee eee ee 
Issue Ol SUMMORS. cos ee ce Pe eee Cee ee ; 
trial.of Gases hy ee a) eG eee i ee ee a 
orderof abatement? §.-< 500 ae Ae ae ee 
Mayor. may contract tor, Gage mi 25s 155 i een nee ec eant a 
COSES OF) ab Co Sie eS EE RS ire 2 ae 
notice to which owners are entitled. 3). 2s 4 ae eee 
whore, dangers 1MmIneiils sung kts We ewe ern ee 


mantfactories of fun powuer,; Wee tekken 
how abated, s 2 52 Cea ee a, ee ee eee ee 
establishments causing, shall be ined ie. 4 )) oe oar ee : 


coal oil, grease, glue, and refining establishments; conditions on which, may 


béferected) rr dil ia- Ha ee ee op aie ie. aera are) 


stagnant water or substances deleterious to health, how pened or huge aa : 
Board of Health shall recommend ordinances for the abatement or preven- 


ton Of. 686d aE Sa Po ci ado ee a 


SEc. 


95 


12 
32 


Noe 


17 


20 


54 
55 


INDEX. 
NUISANCES (Continued), 
sanitary, may be abated or prevented by the Health Officer, . . . .. 


fine against owners and occupants for not complying with orders of Health 


Wiifer invreferenes:to;o. wire.? ree « 
in removing dead animals provided against, : ....... 
NUMBERING OF HOUSES. See Buripines. 
NUMBERING OF VEHICLES. See Vtuictxes. See Hacks. 
OAK STREET, 
right of way in granted the Kentucky Street Railway Company, 
OATHS OF OFFIOE, 
Borer catityoL (City OUICerss«' fein «| akan Oust ad et ps 
sara pe maminisiered, by the Mayor, 0 anaes ohacayie ce om ates ws 
Re NELO USSR OMOGSOI ay 6c OS Th eg Sam AG Elon Ceol ee eee cate ale,’ 
RAE NEC AMROE IVE Yc: 5 de!” A nite Gina eetay ch aR eM COU WAC Se RBEY BALE a ce 
Mimsy Cicnen and deputies, “a.m oo 2.4) Gk ae MAVBIS dla cide ss PAs 
Cremer CHersvOl Goal. isc. 2. Se 0S eka, alee en ein, Lk Oe We 
Peemapenters .of-Liverstock..” Agi yo2 se) BiG tee ena 
of City Auditor, Treasurer, Assessor, and Tax Receiver,. .°. . 
of members of Council and all other City officers, ....... 
WV DOMINA VARIO INISEGL, sc) el Gs ean an ha EES re 


of executive officers, shall. be Saeineeren by the Maen when requested, 


Marita Loreal City OTICODS: bol ark, ee. Smee Ua eer tsy” ah ees 
Oratemistracion, OMeersy |... cs se se AS, 

Mme HOOL AY TUSTOGS, Us te tee cit lyk 2 CaN a Be a es ewer, Sea aes 
of Sinking Fund Commissioners,. . . . : ‘aris 

of Secretary and Treasurer of the Sinking ane SMe bite pte a ceed: 


OBSCENE ADVERTISEMENTS 
Density tor painting or*postings:) Je a we 


OFFICERS, 
pay-roll of to be made out by the City Book-keeper,........ 
pay-roll to be certified by the Mayor, 
oath prescribed for all City officers, . .. . Pe ane tie, if Sch ay rere 
oath to all executive officers to be administer a be the Mayor, 
BOUeC ay GiieeDGOD LE We irs ws Mooasaites, Sie weet eRe 
terms as fixed by thecharter, .. . Be al sar Ph 
ea CITC MOT! Cn by Se Mk ae Vo, ay EE. fe A ee ee ee ork as 
aomeensacon +0>be fixed: by Coumctl i. Sates is) state wake 
PECMCEIMCOLORUL LOT i) A Py oc. <b suey a. | aren eer Ue sow eh we Vala, her oie Pet ithe 
salaries not to be increased during term of office, . . . . 
qualifications, Council may prescribe duties and compensation, . 
ponalty tor receiving*money.for vote or jnfitience,\) + to. Te 
Pleated. bythe Counenl, wy oy Po 3 
Sree Aces OW. LET LEM. t's a task PRE 97 6, Vee oe, Sh ea nie 
Pores tier 1 Gy" 920 Woy, Fin en Te, ela estan eee ee ee tena 20S en awk tie 
Blears, Lge COUMUCTCM, 95-2 gi veigee i> 2S § ds cea ake, 
NAY EVER 5 RE ABET? 9 09) 0. SIC PN a ih Pi Dac oly RE OPE WB Oem a I ate) EO rai a 
CUAL OWG 1S -U0 TT Aap 1 9 cf Fagan eet ARNE ees ol Si oe RE OR ges PY og 
DMR GIER ELO CE DALL, can. 5 Uris, (oe aeemt,) c= aay cs eh Big 
PRE EEDUIEEL EL OPCRD LAS Cte t's. We Wot Weg, tree ea a inital AOA tha ee Cpe Se S2AeF 
‘asa plese Mole) 010 peg te mI Sean MUP lee by! MRED Nap tk 


PA@E. 


B64 


364 
881 


SxEc. 
Lt 


i 


27 


142 


998 LN DX 


OFFICERS (Continued), . PAGE. 
SULSTIES ale ay cat es Se, he Diam aol OCR Ren IInETT CRD and Weaath og ina |) 0 a eae a 
general aS deceats a JB Cat SE MOI Se ee ae tg Rh ot re SL 
not to be interested in ne cea i The City, PrP tL ECM er Ce eh Sick Ae) 
causes of removal, Rey if 0p ote oy) he See MEN St nen eR 
at termination of official employment shall Helier over atthe EAs oh et iat 
failure to qualify.) \.,\s.5).° Soot Wel Cen ce ici sil ator tues ee ie ere ee aS 
notice of elections 202.5725 3A Bo, MiP re oe ee ae sie ehiany cence ae aus ce 

Vacancies. 2. - ae Sac Mi paar Pas tea ey, te gate ois aac mun en ec a ee ee 
office hours at Gite Hall, “Borg: eA ey py a nen ol, =) 

OHIO AND MISSISSIPPI RAILROAD COMPANY, 
right of way through Fourteenth, Kentucky, Zane, and other streets,. . . 568 
eOnditions of aerants |e: s-2 ah eiscs | sh nev) heres as eee, Rel Sen eae oD 
motive-power to: be used; .° ss. ois eee ee eee eee 
rights reserved by The City, apical ate 
rates. of transportation, ." eho %r eB e coe bed kn hase etne ee eee eae ee ae 
contract with: The City, ih, go oo ae oe ota ets A Nao ee 
bridge to be. built'over "Broadway,'s 2) ina te eae AA gene ee ie 

OHIO RIVER, 
bridges‘over, protected; ) 5, 155i ee in) tee ee Ae a ord 
obstructions in: reeulated,”.> 00.005 oye «kU eye cei aes ce 
deposits in.of contents. of privy—Valts,") are harstere.0 21cm aaa eee eee 


See HARBORS. 
OHIO VALLEY TELEPHONE COMPANY, 
granted the»right to lay pipes, cables, etc, im Che City 29.8. Oe. goede 
manner of laying pipes, cables, etc., 
excavations In-public: ways yy eo! hile 8 0 ical aa pee oes en ee 


—1 
ies) 
rs 


restrictions as to openings and encumbrances in public ways,. .. . 794 
injury to streets, sewers, water- or gas-pipes forbidden, 795 
shall restore streets to condition in which they were found, . 795 
time Within twhich ‘to berm works, es iis mcutae la eis 795 
rights reserved by The City, 795 
Tbe City not liable in damages, . 795 
shall execute bond, . 796 
not granted an exclusive right, eat 796 
OILS. See INSPECTORS AND GAUGERS OF LIQUORS, OILS, AND OTHER LIQUIDs. 
OLD LIABILITIES. See Bonns, Ciry. 
ORDINANCHS, 
publication of, in newspapers, . 1 
in book-form, annually, t 
City Attorney to superintend. . 1 
from 1869 to 1872 authorized, . 4 
indexing of, for publication, 4 
as contained in Elliott’s digest, . 2 
prior to the charter, continued in force, . 
distribution of, when published, . iF 
construction of, rules for, . 4 
breaches of, by minors, . 5 


imposing twenty dollars or eae may Re feared in “City girs ths ah 189 


~T ee eR 


Ore jw WS AI CO 


INDEX 
ORDINANCES (Continued), PAGE. 
none shall be passed until read twice in each board at two several meetings 
and discugsed,. 1°. +. Pk, Me ac) Pie ar een eely alee bo OSh 
provision as to mode of passing may ne canard ee Wi ‘ 347 
shall not embrace more than one subject, and that shall be SA in (ts 
BAL etl 600 FS Ol on OS a we os oe 347 
shall be amended in no way arent by eure 347 


ORMSBY AVENUE, 
pie iecatle vera road ‘track, ny.) 4) wise sabe tts oh as Wales ss ts eee bce DOU 
OUTFALL SEWER. See WESTERN OUTFALL SEWER. 
PARKS. See Pusiic BUILDINGS AND GROUNDS. 
PARTICULAR ESTATE, 
ee RRORIN Er eee he ind. yd oN ERE Oey CAN pe eR ae kor heaer Od. 
See TAXES. 
PATENT-RIGHT DEALERS, 
rs, Seok 1, <2 ee eet ae kn waar ata 
fCIKG) Gilg IS eae ee A eee ee Oe ta he take, eee rn Sia or] Smee: & iy 


PCM PAVING CCHS, © lan) \ phase Gee we, eee eevieam np tile ant su mttem a ae ALT 
PATROLMEN. See Pouice. 
PAUPERS, 


Paroeneay a 6; CALV SPO SLeATMDOO ES. > PoP ba, cara nis pb, pus laa s)he. OO 
eee ate rowuried Ny asyliamge ee sale <Miel Sete ol telly) a hain shi dag et LOO 
PAVEMENTS. See ImMpRoVEMENT oF PUBLIC WAYS. 
PAWNBROKERS, 
RSME OP TTCT Si be pe kts Sean Pols ca! py ha Data Means meee coke date eter QR aR ea ere ALL 
Sma (UGTA so) ovee8 MO Yad lee Se RTP irs es ok REL t 
imearot OM DAYLE MeOise.c: rae: ea acn: an Mee ee ema es oes wee st ea) 7 
PAYNE STREET, 
right of way through granted Crescent Hill Railway Company, .... . 625 
PEDDLERS, 
RALereL COLNE. sis oc bole Mrner es Rare ak, hy Le ony le eat i 3 Wy 
Psd Ob Pa vile MOONS re, is ba) Sent chat eM then Coat heheh. ALE 
PENSION AGENTS, 
LCOS CTA Ahan ek cee h nk sy ee Weta LOMB dey fei seo Pee seen fb 20D 
restate ye ICONS, ce ty sk ty ete Amen PRR omy tee pw cot ho Wel ote S00 
PERMITS, BUILDING. See BUILDINGS. 
PERMITS, BURIAL. See BuRIALS. 
PERSONAL PROPERTY, 


rihrete lato yeti: 6a) 11l SSOMS HN CTIOG,\ ees a aN hs he Wet nce eee ise! “sy lays nae b g 

BE DPBCt LOM AOLOT EU). VAR ses. ':, 21s) + AOS Rae SP shawl set sty wah. Be Ys OO 

kinds taxable, Sheets: de 7 
See TAXES. 


PESTHOUSE, 
controlled and managed by the nee COM MUBELOTIGL EN e Ge tepid tldeye 8 te Sd So 
who shall be sent to,.... PRES ie a: eran PRL eh we Malena, Raber a LS 
City bonds to build, aueioried. APRs qin eae us Mam cemaneee EN. plea lhe Ua ke teh yf 
PETROLEUM, 


storing and keeping may be prohibited or regulated by the Council,. . . . 288 


30 
30 


bo 


13 
20 


1000 INDEX. 


PHETY GARCENY, . . PAGE. 
pPurisbment and NINE, i> yesge Bi 6) ee Eee Ts eS a ee 285 
PHOTOGRAPHERS, 
Wie Geemed.””\ asrts! keen nus eeu ie es 5 Les Meats Feat ee oe adn teem 417 
rate of licenses LoS POs eet eiceselt are Bille Be epee ects Od 
line for not-paying license) 3%.) stra. 417 
PHYSICIANS, 
of Eastern and Western Districts,...:.. Segara’ 102 
have medical care of Pest-, Alms-, and Wane See hee me Lat Oe eee 
may dispense medicines toute POGh, (lec m er. outs seme reas 105 
appointed by Charity, Comumilestorrers, "n tieesiets are iets eel) eee 
Salary, term of office,“and duties, «aise tetera ene 105 
assisting the Health Officer in vaccinating. Se. hoo gon, ee ein la se 
elected by Council as may be specified in resolution, B70 
LOPIAOL OlICeey bee ee ae 370 
under control of Board of Health, teat See yl ero Me ik Phaeton ans 370 
compensation, time Oca pled, -e7en ain mecu ts Wel cones ee a ne ee 310 
exempt from payment of: license. Ae Ree un mre ee cee 398 
PILOTS. See Fatus Prots. 
PIPES, 
laying of, for gas or water, regulated, .. . RR eae ae ae 520 
notice prior to reconstruction, caer” cae ee eet OR wie ees RPE 
See LovIsvILLE Gas Company. See LOUISVILLE WATER CoMPANY. 
POLICE 
Board. of Commissioners established," 4 js) oot A ee ee ee ee 480 
who-shall iconstitutesyt. 34) LA hou eel gle tees a oem es an a 450 
te? Of SELVICES Ey sf Ate tee ee Noten ee : 480 
shallserve:-withonut pays. oa ce" apa’ Ramee oleae yee ee ee 480 
shall elect the force every four years, 20)iie eon. aria bee ste 480 
number, grades, terms of office, and vacancies, ©) «\-) sp «ewe Woe 
dismissals by the Mayor and appeals therefrom,......... 480 . 
eligibility and, qualifications:or members of 10ree, 5.0.0). evan tee ae 480 
void elections and appointments. p= urucme. os ols nee Saree Mae 481 
interference in elections, what is meant by,. . . 481 
applicant’s petition and oath, .... . "LOA, Toe Se nena Gece enna 
vacancies in the force, how filled, ......... 482 
nomination ofa ‘Chier by the Mayor 8) eigen eee ae 482 
to be confirmed or réjected by Commissioners, 1s o> ee, 482 
term of, servieeon Chict 26g ae es ee Ae es "482 
rulesfor the gévernment ior the ioree.” me). fh) apr ert e ma 482 
clerk to the Commissioners and Chief, A peed: Aor fama Mente 9 482 
the Chief may not buy or control police claims; eee Fae tte ieee Bp eve 0 
Commissioners may be convened by the fincas GAO As, Me ; 483 
nomination of lietitennnts,, ec e os sne false ee ee ee 483 
pay of leutenants and policemény <2). apa e 7 cee eres ee 483 
stabion-house .Keeperdwrc 275) selene er ne crs et ee eS 483 
causes for dismissal of policemen, ... . 483 
right of appeal). icy wi Bret a) fete ola” as a eine eR aa ie ee 
arrests and bail. SiS ge ice hs ha ee ge ion te oe ee 484 


SEC. 


50 


80 
80 
80 


COCO! ICO OO 5 =a 


18 
19 


Best COE SIND at treats ead 


Co C CO ~I Od 


co 


10 


INDEX. 1001 


POLICE ( Continued), PAGE. SE. 
unlawful for policemen to solicit businesss for lawyers, ....... +. 484 - 18 
punishment of the offense, ... . Le eth. Jon te Ala k* Conteh As wy ia eO 19 
police jurisdiction of Louisville Jockey Club grounds, ... . | . thas x 321) 20 
STURT ALON On tie LOLOES 5°15," Ne eae oe Pe er ae Oo a es OD 21 
preuee anid tum Dery ute gp ae ae a ano Bar Rar entoetr taruiedats | SOW yA 
PUUeLMOMerTARy: POCO. =. « "yi tees Bees utente eee ee feat eg SOD 21 
TDI Obe pOsOGmMeny Be) PA eg APR Ws Soe Mier ee cee CongeNG oe. eID 22 
PECAN DR abl At Fle <i, eta. bee ats ts UMTS cee ants Pc kN mers er FOU 23 
RAL OER S Se abt TONGS. 1 lelarorh Fala, ok 2), DW ae ime eo Sigh bn Meine wenksin sc, ARG 24 
Diem pennant ne biel: 0 ee, ne ak a diet tae pete nS ate Tee att Ee L 26 
RAINEY FONT GS ANG. Pay POL My ccs a Re To ae eC ee ee ce TaN Wel et Pats BOC, 27 
patrolmen’s pay may be paca aes i Seite Mies et hae Pens aa hs 28 
PELL re DOL dah! Fa der. aeaep) See Pate meee en ae OW Asser els 4 Oo 29 
Mer One Ucteetiy es, ranic ame: Pay ys «yee ae es ee oo Ne ks 488 30 
SULLA LOR PIT RALO POLO. oli. > war he tlNediarrears gebd ice Peete ee ee alt oy Ae 3 
Commissioners limited in electing private policemen, ....... . 488 32 
duty to report breaches of ordinance prohibiting ashes, slops, etc., being 
thrown upon streets, sidewalks, alleys and wharves, ....... 526 58 
maqualittec by sauure to pay taxes: Mowe 0 awn nee ee ere ond inn Seo LOO 29 
Dave authority to-weigh loads on. vehicles, 2 i005.) aga re ss th wae. £820 31 
Chief to be furnished with information concerning vehicles, ..... . . 829 32 
making arrests for violation of ordinance concerning hacks, shall have hack 
und. horsés' properly caren 160s “SA gh scars Os ita ame tee ea OOO 46 
officers in charge of reservoirs and grounds of Louisville Water Campane 
River powery Gl, + 5 calc! de. Pall. Pepe Se A Uae Neos eon SO 22 
bond, oath, uniform, duty, and pay of private policemen, ....... . . 489 33 
pay-roll of department, how made out, certified, and paid,. ....... 158 14 
policemen, fees collected for summoning witnesses go into City treasury, . 187 22 
policemen may execute warrants of arrest, subpcenas, and attachments for 
TKI DUL CSC there amps Vet Mtr. 5, end Mae ew ih eae PEGE ba See, oe Lo 36 
“star” or badge of, shall not be worn by others, penalty for, ...... . 294 73 
duty of with reference to persons unlawfully and willfully using or wasting 
WADI: Dass ede eet ae ae Ces ly ENE mpemary ets Um iy ir COE) 78 
POLL-BOOKS. See ELEcrions. 
POLLS. See Evecrions. 
POOL-TABLES, 
Eeputor protber-hireto, be licencedyad s Mit ure, seks tent Pons Sieh d ned) O80 41 
rate of license,. . . yc (30) Se cee eee contr | a oe eee ed & Oe 4] 
RERUELONE TTL STIAl yee an OR AAA oe a ee a ey ake ane ee, OEE | wef e y COGO 42 
POE EATON, 
ap Ae besis or representation in. the COoungiln ee \ o- .> soe en yn eta. oul Be BOU 3 
PORK-HOUSES, 
eur ies tenia) U1 POUL. LO) Pies LEGON es, "A sre Mee os. «cv ae hele sg), Meat oh) une helene 41 8 81 
Pini OU. ET PALER) am oNs. ) aif woke bce nce. , keen eek cee OS ae Se tek aL 81 
Due tornon-complance;with heense JAW. c.uky fs te, take atlas Es aad oo ow. 408 81 
PORTERS, 
MAAARANG-VOl le lOsi yin, vee” ea eeyae atta (Fs oi gta Calpe iy Meds eee Fy Oeste be yo 82 


ERE PIT COTIOR. Po sown. bee Ma Pee Da Coos, x ccna] e tel een Leia. « bees 24eh18 §2 


LOO2 INDEX. 


PORTERS ( Continued), 


bond required se ¥ yw. 0 OL ae Pin ree ee a ree eee ae ner 
NUD ETIL GE ig Ps ead sa, gl Ve is gee ake 


fine for non-compliance with: law, s- 1" 5.5) oo) mcrae 


PORTLAND AND NEW ALBANY FERRY COMPANY, 
incorporatlen OL..B. whic se inc Gee heath eer ae ee 
OOP POTHUGOES, sci). he ay peels: de eos ee caw ae he aa ae ears 
COPPOTALE POWETE So.) Pues sepia, «aera cei Me fleece Bane aa cate ste 
CAPIC ASUS OI Cicer ayes ler ag fe fad afta svete Oe Gs meee ete 
dirsetore and president, -o).\. ma) tebe memeber iy ee 
Peat (direatore tees oe id, UR OR es, Ween: ai 
OOS ET. | ieee arent Oy ek nee 
secon subscriptions, Pane TLE le a es eGo 
may purchase of others wharves, approaches, aciohtoat elc:, 
may accept certain property in payment of stock, ...... 


may issue bonds, execute mortgage, etc, . . 6. «6 ee ew 
may consolidate with other corporations, ... .)). 9. -. so... = 2 
sell or. lease its: po ward edes oo ecb ae hen hci en Ae 
eorpohators chan eed e. arises ia Se 2 eee eae ee 


capital stock increadedl eS i Oe ee os a ee 
PORTLAND CEMETERY, 

office of sexton created i>. ac ree os stan terete ee ee 
POW DER-HOUSES, 

regilations, ConGeTnMINg 72) Sew ose ate ae ree ae een 
PRECINCTS, ELECTION, See Exxctions 
PRESTON LANE, 

described’ gnidstiamed- oe, vik a0 eel ete eet eee eee ee 
PRINTING, CITY. See ADVERTISING, OFFICIAL. 
PRIVY VAULTS, 


regulations concerning. . . yeti etl Po ty cok A ae acl sere ee 

removal of contents of, ea nlaceal eS ah os oes Bie Ss He Nee ee en 
PROCESS, 

may bedssued by license inspectors, yaa we ern 


PROPERTY LISTS, 
return of by property-owners for purposes of assessment, .. . 
See TAXES. 


PROSECUTING ATTORNEY. See City Court or LOUISVILLE. 
PROSTITUTES 


between ages ce sixteen and eighteen may be sent to St. Xavier Institute, 


PUBLIC BUILDINGS AND GROUNDS, 
City and County may enter into contract relative to, ...... 
federal, jurisdiction over ceded to United States, ....... 


EXEMPlOn AVOMMLAXALION Gc. tac mateesi of kre tat wearers Cea 
penalty for injuring, damaging, befouling, or defacing, . 
power of Council in reference to, . ..... : Si ap eele 


Mayor authorized to employ persons to keep Gity Hall in proper order, . 


to report to General Council names and wages agreed to be paid, 


PAGE. 


418 


135 


174 
225 
225 
290 
352 
493 
493 


Src. 
82 


59 


62 
63 
64 
65 
66 
66 
67 
67 


13 


49 


96 


54 


wow = 


61 
22 


INDEX. 1008 


PUBLIC BUILDINGS AND GROUNDS (Continued), PAGE. SEC. 
PReo CIRCE NAO. © oF Sans age het Ghee Pree Septeh we orene cowie ts | 200 3 
courthouse, petialty for defacing, ett, +. 7%. er a le tedges Pees eter. eed 4 
Citys nospites, penalty for defacing, ete. o% ee tee aes a te ee ie #4 5 
City basin, penalty for violating ordinance concerning, ........,. 495 6 
division of The City into two districts for purpose of providing parks and 

PLOGR ITC COUN Retna. te Peon tM ee ee OT ee eee tl ee APO) 1 
ex penseain, G8eh Mistrieh. oc. ee i Te fe eae et ate cay Oepd 2 
ordinances establishing parks or pleasure-grounds to ie approved by 

ROU A VOLO EY ci aa’ sta imae et. p rene ant he nr Rene Sea, Meee mt ieee KOS 3 

PUBLIC RECORDS, 
all records, proceedings, and papers of City authorities, declared to be. . . 342 9 

PUBLIC WAYS, 

MELOTEOUNBORTI.. oe fl’ trannies ao pe ae ake te aka ee ere tan Pabe wee ety LROO 1 
PeIEOT VEL GOINLDO Oly 1 bere ass ae beth tore te nde ne a ey We Do et een She tS ] 
Diverter NN DTOVS, . iscrls 2o iq. Beret od vO Ree ee TN Es ee eo tema  t: HO 1 
SORA VE man ter TOA TING: Of owt Gee acl penal lteter se Rae Nhe a Ae ae bo fe, OO 1 
HeOwAIIrovamMents sliall De Madet2Mic- aii hoe ra pear ts, Peak CR te ty OS 1 
Oe CNA COURLEEELION Ane Nereus) SSE A tak, ue Ee oe Leh tarB ee othe, Oe 2 
SVGHOse Cost SAG's wee, eins Vo Seen secu ee beet nis a eee og COD 2 
Le We POSES, AUPOLUIOTIOU te) felis e clan a ty, EN eee oe tn A Bet eas lees TOO 2 
liens on adjacent property for costs of publiewy -way improvements,. ... . 502 3 
irLOLesi Owed On: AMmOUnts Cues! 68 gis 5 Pa eel ee carp a ee erie gt OU 3 
Cen een RCOUs Pics Bence and terete cir a terete eet 8 ogee me ese OU 3 
eercreinsCouneih proceeding’ unavailable, s--0. 5.0.7 ote Was we 2) O02 3 
The City not liable unless recourse be had against property Rengteen es Oe 3 
ordinances directing original improvement, how passed, ........ . 8502 3 
improvements of sidewalks, how.costs apportioned, .......... . 505 4 
improvements of public ways by owners of adjacent property, ... . . . 506 5 
notice and inspection of improvements preparatory to receiving, ... . . 506 5 
evidence in suits to enforce lien for apportioned costs, .... ... . . 509 6 
meht of redemption, ). .—.) . 3. Rs rae te Si 509 6 
final confirmation and execution of apae aA Rts Ui be Bice get ee: Wes yee SUG 6 
mode of apportionment as adopted by the Comte an so ew a. x BOS ‘ek 
apportionment warrants, making out and registering of,. . ...... . 518 7 
Repairing and. Cleaning, 
The City divided into two districts for purpose of paying cost of,. . . 515 8 
expenses to be assessed and collected in each district, . ...... . 6516 8 
POSER UTOSSRLG. OL ABSCSRULON ET Cees chu eae” Me pe outer ally en MELD 8 
SEC LUS ORE cla ha «a! ae APM ote: a Wey rest Gen Oe ate tcs es LO 8 
BAN Oke COUMLTAGUES clan te ME Ue: ere GA aed eh rdied vg Ge esi they, Chutes Ol 8 
manner of executing work may be declared by the Gator Spit ek OLS 11 
contracts for repairs and crossings, how let, ............ 519 13 
Nhells bea -conmrmeds ky the Cater —.-\.Mguie aan, beets kere End Res OLD 14 
PomimMencement, Ol Work Under, ssuamee 5. 4s) Al a oe eben OLD 14 
PRUCOUAION AIld, FOLbtIt es Seeman.) ve Pia Teh clk a Oe aie ty lanes OLS 14 
PERy TUETPIOT Keir oo tines ee tek aot eke® an, 1-5. Lhe Oe eee Penne es. SL OLD 14 
amount and general character of repairs to be declared by resolution,. . . 520 15 


AsseaenGnt Of Expenses, . oo Ke. +. ae ssante WARE. SEE. ide ts .0RU 16 


1004 


INDEX. 


PUBLIC WAYS (Continued), ; 


Reconstruction, 


The City divided into two districts for the purpose of paying costs of, . 
annual assessment in each Mistriets. can ate Ae ee ate ee 
maximpm rate of ‘assesement,<.55 etl eeu) oo Ce are 
application .of Tunds:ins wcewaese cai face Ae acer ana ero te mar 
Street Improvement;Coninuttec. 18 79> Je). sais ee ea we Vee 
Nuniber Gonipositig’: Kw. 1s tug te igane fee eel MY Cones Neat hs aN ee 
Udy sy Alba cab wey e We ure ae egy bs hg at Ea ta ne a 
clerk of And his compensation,’ %,.es ee) ot las uate ee eee See 
laying of gas and water pipes and drain connections before, .... . 
nohite by whe ne wmiedr as Si Wy ace te ees ean eee tee me ne 


Excavations, 


Use, 


shall be enclosed with 'a fence, 8.) Asoo. om marks) oes Waantcey cee eae fa 
unfinished, fo be enclosed-at nie ht we, (ieee es as aid eee ee as 
requisites of fenee.. 21): (O06 2c ve aoe se Serene aus ee een 
fine Tor Non-compliance, «2 ese Ae eee) hon eon ewe a eee 
finished, to be enclosed “at. .all-times, | sq.) Van one ee eee ne 
removing earth and other materials from public ways restricted, . . , 


exeavations'adjomin & PUDUC-WAWS..; #ett.. since, Wiese er a arms 
reeulation Of "oc | Ree. ten ketal eRe Ge own el a eo 


vaults, e¢c., to be securely arched and covered; penalty, ....... 
holes, etc., for building purposes to be filled on completion of building; 
peng lyr see ia LS Shue tae een Nes ek cane ee oI nae 
fine for viclating ordinance concerning: excavations, 9. 0.53.5 «)s 
fences and red lights around and on excavations, etc.; fine for not put- 
TINS Dye i942 hid OR ee Ue ee ee RE 


vehicles shall not be placed or left on sidewalks at night,. ...... 
beasts of burden and vehicles not allowed on sidewalks except in pro- 
eesding. topor from premises, wy. thas) s extn aeey lee ee er eee 
blacksmithing in prohibited, > \\nts trate: em teen seh ee me 
obstructions torbiddens, sisnsin. a Rie eae ota eee ee 
PUFPTest ues i.e. My Ake Rohe. aed fey et Bobet ore Ae, Gale nan, ay ee 
wood, coal, lime, sand, e¢c., shall not be kept onsidewalks,..). 9. 2! « 
injury and displacement of pavement or curbing, .......... 


necessary displacements:repulated,:.. eco e. ota ee ecu cee sy ae 
removal of building material, etc., from sidewalks,.......°.. 


removal of building materials, etc., from streets and alleys,. .. .. . 
occupancy of sidewalks for vending or business purposes unlawful ex- 
cept as allowed Dy ordinances, .) 2) Shclee sone, ware Dace Seam 
unlawful to cause or permit slops, filthy water and offal on sidewalks, 
unlawful to place or throw filth, offal, peels, rinds, etc., on sidewalks,. . 
three and a half feet of sidewalk allowed for display of goods... . . 
vehicles and other obstructions not to be left in a street or alley, day or 
night, ‘ver Spa LAP 6 os eee ke Ba TA ee ae 
not more than one-third of width of street may be used for building 
paberial eee is ages Py cg ee Nee corona net pk ares ean i 
use of sidewalks for shipping or receiving goods and merchandise, . 
water shall not be allowed to flow from drains during making or repair- 
ing of the street ortalleyes tay na oe oh nee eenes ad eee 


PAGE. 


Or 
bo 
bo 


Or 
bo 


oon tet oe 
ho bh NM bo 
Do we bw 


Ox 


SH | 
7 
~ 


ay OMS od nf 
Nm bo WS 
co Sot 


Or 
ow) 


On 


NS ho 8k ts 
Oo Go 


COs RK 
(Je) 


SEc. 


bo 


hal 


Co Ww w 
ie 


ew 
oO OF 


Co oo 
co ~I 


ot) 
ie) 


40 


41 


42 
45 


44 


INDEX. 1005 


PUBLIC WAYS (Continued), PaGE. SEc, 
DEOL 7 IGIBIN PEOTOINIANCES <0 ke Sr le ee war ie Reg? ~~ ae eek we UDR 45 
unlawful for three or more persons to stand in groups on streets or side- 

Wet em nt Gh Deer a RTE TRON a eh: NO Eas” ae Et hye O24. 47 
hemtonyiomating the law pie eos deer ae ase ee eee? Cees OD 48 
Cleaning, 
employment of a supervisor, a clerk, and a force to clean public ways 
BMUsTeMiO Vie SAPNATO. 7%). p en | we eee ale acs bebe Valens Bie) 9s [het vs | OO” 49 
SOMTNeCNPALON OF OMPlO Ves, fh st titers PAG & ata alse a aie Ree cree De 49) 
drivers, carts, and teams may be employed,;. .. 2... se 525 50 
force to *be under the direction of the Mayor, 2. 030s i. she, B25 50 
Mayor may discontinue the services of the force, . ........ . 525 51 
Sa Pan wisON 6” DOT, ¢..9' 0 oo Sabin agree tas oe ee RAM ee ree angen 525 52 
suinervisers accounts and reports; “25. ar. ete Ah Fey 525 53 
bwo-scayenver districts established-27. “ity. Sts Sa Ra a aay 525 54 
daily rounds of City carts for removal of ashes, filth, efe., . .. . 526 55 
times when carts shall go their rounds, 5.9.00). 2 os 826 56 
ash-boxes, etc., to be placed for emptying betore 7 o’clock a. M., 526 57 
breaches of ordinance, how reported and punished, ..... . . 526 58 
Sprinkling, ; 
Prior iio. a8 $o-meatiner, Of, 24 tk WN eC eee ts: owen Rr eo taee f., AG 59 
Pen kererAU Uy Waste Ol WARBM carn Wels ititr i ama eerie bees Th ewe oth ame aed 60 
io peaasiee orifices Ot carts reculaied sats = Gnas wwkl sb! nape Wek dco Oad 60 
iicenpe OL. Dersdie Springs, ofa nut heroin oar tat te seh iets ke 527 61 
not more than one party to sprinkle the same square, . ....... 527 62 
SeMecehvy Oe. SUTIN KIND PTOHIOIECO. ke a Ge olies uaa a ws atte! tr Man twee ers coe OG 63 
Reigiinotinne Above Sthech 15 ese oe Set ae ea ene awn, NOL, 64 
shall only lay dust and not create pools or mud, . ..... ... .+627 64 
ordinance not applicable to sprinkling with hose, ..... . 527 65 
water tobe LUTO WI 1Orwart der GArt, .J9, a0 eus te of poe 527 66 
Gineghicn tO; ue: SPTTO eteta el) 2 ela Prokop ty Medan, CD27 66 
VIOLBLION OL Orin anCepisd CL CHIOI™ | Yrs ee tas ah Sk ee a eee HOR 67 
Particular Public Ways, 
Prase-plote-ohy Chird: Streeters a: on. pete ees eee eure eos, A O20 Te 
prase-plote on: Wash Broad way; : =). VM alt Cobre ee eeye: ¢ Oy O20 73 
authority to reduce width of certain streets in Portland,-. . .... . 529 7 
authority to close streets between Seventeenth and Nineteenth streets, 
and Bank Street and Portland Avenue, ............ 58 75 
PrchereAveniwe NADICG,~ Ln 5 «tesa a ee eR ee We SM Se ee OBI 77 
DROME OHS TMC M, Sis ke cee clad ye ere ae eee hae ih a DD 78 
HeSen VOLUN Velie TATU. >) a Akasa ne: Meee cl lie Aaa eee ee A Pe EG] 79 
Bren foree venue DAM, ies. 1c arene eee oe ted ORG Pee eae “DO 80 
BIEL OA VOUTG NAUIOUR . och cetce Se Manila ete ee on a Me SOO 251 
waTIOIS streets. VV est End Trenamedersecs fio. wire Sins Pa eee OL 82 
Ronnie merest named se” 6. eeccrl) emiaere a On LA cee ey hen |S aD 84 
Griffiths Avenue named,...... Marke ot Sena et Nh at, ee del yy 85 
enlen ou Ven Ue Namieds) fF. 2 a beim eh sv) suiakee nig wot Shedd ot ODS 86 
MIO Curt DAME. . ueihe > cee eee, (or there a nt inet es be wel hOOO 87 
Piee eck, 2 VOUUS Nae, 210. Steere n 6 a, as er en aie MR ov SOD 88 
eel Ney ONE DAC Al. eee ee 5. oo) Sibir ees Rew eo eae tert cate eo 89 


Monroe Street, part of named Rowan Street,. ........, . . » 588 90 


1006 ; INDEX. 


PUBLIC WAYS (Continued), PAGE. SEC. 


Market Street, west of Twenty-third, named,. . .......:.%: . 683 9] 
Burnett Avenvenanied, ». )s60 CASS pts ols ena a eee cae o2 
a part. of Twenty-first Street named, ia sya eee” © eo oy ee 93 
Bertrand Street mame A 2 Ree, ets Pee sa) ete Ge nace ern aie thar 94 
Nashville Avenwe: named, “5 Ser hhc cia Meet tae ieee ete aoe eae ae ee 95 
Preston, ane namedsn..c- aot eee SCR MMR MMR ym: ye aa ek ee Ne 96 
Morton Avenue mamedy 0 eh als hs ee een Baas eee er 97 
Toucad’ Place. nameda We Ahys wae ee seen eae ee ae Wy es Phe eee 98 


Miscellaneous Provisions, 
gutters: of, fines for, obStracting ay Jane eet 2). mage ke ioe niet eee 4] 
penalty for digging or taking sand, gravel, or earth from without 


Gouncils permission, e's.) 4) 7 6 wese Le ee) eee ae = Pee 63 
throwing or laying dirt and rubbish on, penalty for,.. . . ‘Med ee 64 
suffering noxious or impure liquids to run or flow upon, penalty for, . 290 64 
street cars shall not be hauled on, unless upon track, penalty,. . . .. 291 65 
lounging“and loitering; ing penalty Top, cpa st sk oyace bee eee ees eee ee a 66 
shade trees on, penalty for Injuruigyys Sia! ihe | Ae cea ee eee 68° 
excavating in, to lay pipes and not complying with ordinance, fine far, 298 70 
power of Council anirererence 40, cons pea = oie nen ee ee 22 
how street railway companies may occupy, . . . Sits! ie ae ml tii See ote 32 
parties excavating in or disturbing, shall erect barricades and keep 

way in*good condition six months, fo. 2 ees ie Sore Ugo eee 14 
city bends for improvementrol Authorizeds’ =m J ser ecw al eeers teen SE i 
awnings Over, regulatedys 2 5) ta caliwe. moun Westie ee ap ee er ee 1 
use of by cidle on» repalabeds” OY 70. Vaiay ore bee pee aie ee 9 
removing dead animals rowel or along y restricted: 1.5.04 be oat ae 14 
offering’ cattle for sale,in, ‘prohibited, yes sixa dg use eee ee eee 16 
insecure cellar doors, gratings, 2tc¢,,.on; prohibited; | 22.) ys a a. ep eee re 17 
cellar doors on, not. to be left open, 4c sage ie in ok eta ac os ee 17 
ridjng-and ‘driving,over, speed refulated, 9.5 oto nim bie aoe ema 30 
geese shall not be permitted to run at largein,.. ... ..... . . . ., 281 39 
may be graded, paved, or Macademized at the cost of The Cin i aids kD t 9 
lines of, shall be extended in advance of improvement,....-. ... 221 12 
shall-be. closed ‘during wmprovement, ort...) ee vee ie eee 11 
Engineer cause the crection of barriers across where alterations or im- 

provements Bre iin progress, 7. <n» i - Moonen «2 a eee ae mag ee ieee 13 
contractor responsible for imperfect barriers across,. ...... . 221 18 
buildin gmaterials placing in, tea tiated, ee. r) 0 a) See eee este eee 13 
improper use of, by contractors and builders, not to render The City 

LADLE Sy ane ite ae ae a eRe “alse Tide ba ais Sage reg WR ce rae 3 
laying of pipes in to be controlled i Hyemeas Sfsiea oe gee MEP Peg 4 9-4 | 14 
removal of parts of, for building purposes to be governed by Wn aieeee 221 14 
excavations In; to.be ‘by permit of Ene inesr. ea.” ave cee eee ened 14 
bond required from parties disturbing public ways for building purposes, 221 14 
tax for ‘cleaning and (repHrine cogs ©... setae cone mae ane ae er cee 3 
list of property owners liable to pay for improvement of, to be ascer- 

tained by Oouineilys sci. Nome ike |e ae, aire Rackham a aE 2 


PUBLICATION. See ADVERTISING, OFFICIAL. 
PUMPS, PUBLIO, 


provisions for protection of, ‘und-use of emulated. an ey ee eae eee eee ee 19 


INDEX. 


PUPILS. See Scuoots. 
QUARRY, WORKHOUSE, 


pXVOribias mirey Bell utone from, co ong atot ee eed) Wee en nee sks 
AGU VOR erOr, LOGY be: eM nHlO Ved, aces wl ooh Al gia) alae ee a eg tbo 
SRlGIe AUOIAUSIORS Pct oe ce Oe ee ee cee ee ae 


RAILROADS, STEAM, 


BORER PELE SA Ag Nagy See ede es ae ee a ea j 

companies required to provide and keep electric gongs or signals at railroad 
GUOUGIIETE. TEs LOS OLGA dat ak nae ech ae eat Aira eae cea fe 

George C. Buchanan granted rights in Aresnst oe. sede ik pets | Gal 


George C. Buchanan granted rights in Arbegust Avenue and Mapk » Street, 


Virginia H. Bullitt granted rights in Magnolia Avenue,.. . . 
H..A..Dumesnil granted-rights in Ormsby Avenue. 5 2 seo fy Sf. 
Chesapeake, Ohio and Southwestern Railroad Company granted rights in 
PROG Fay atok eR hail a Nh oR ar all le pean AOE aay ce PN aah RAE A ns g 
Chesapeake, Ohio and Southwestern Railroad Company granted right in 
PRS GROG e Sg PST reels 3 Aen © Serre tans eter ever lhe SUN los meee tothe ta gt, 
Chesapeake, Ohio and Southwestern Railroad Company granted rights in 
Louisville, Cincinnati and Lexington Railway Company, act relating to 

BOUMUIBOLS OL, G05 po st 22-6. fe ta RR OS ge AE ks ea Bee 
ordinance conveying title and granting right of way to,. 2.1... ...: 
Ohio and Mississippi Railroad Company and other roads crossing aN idge of 
Louisville Bridge Company, ordinance concerning, ....... 
ordinance granting rights-to, .:.. . 3. Cee Ree, Uigtte a atte ae geen 
Elizabethtown and Paducah Railroad Company, ordinance as to exten- 
BIOS Hpi ei Ne he eh Snake? sae cates cree AAR oy a ate 2 
Louisville, Harrod’s Creek and Westport Railway Company, granted right 
DE WSs Pe, Remi te tee Oren” Pa es cen eS. ve PES 
New Albany and Chicago Railway Company, act of incorporation,. . . . 
Louisville, New Albany and St. Louis Railway Company, act granting 


rights TOSS tee tee ee. Se Toca hae 6 eka eae eRe Ofte AM es Meee Bata Zhe 

‘ Louisville and Nashville Railroad Company, portion of charter of, . .. . 
BINeHO TION LOL .COALUGI ee 1s pasta), se ae eee Cid = eee eip ile ec ee 
RIGeMCIeTILoOL s GUETEER,, hiraty ete Rint peer at epee ed a ih eae ro mes 4 


MMMENOIRETILOT (CUETO Sos ny Rader OM, Ce ee Pret de tae Sas ars 


RAILWAYS, STREET, 


power of the Council to authorize and regulate,. .....-....4... 


Poet (MGin OITA TCe AUCDOMZIN Gy = tuts te aurmian vageele aes Wie ter cs Seno Bers 
EE TAV ig IPAUIC IGE, } ce dee of 0 oa aac foe a at sel ied <a 8 au AL eg 


POLAT MIAT ON wil Ale ee es LRA L TOIT, Seg Na Oh Ae cated Got 


ordinances to prevent obstructions and compel keeping roads in good order, 


MINIOKIAY OLEIOberOShs Kae ees Saab Semel ee bul sertoe, oo ARE oS eee Cees 
Council may empower any corporation or company to build or operate, . . 


general conditions governing all street railway companies,. . ...... 
Hermon t at (ound oo ay Seyi. Ae Regalia ak age yas el alin lara a 


BOD ILLTES SPAT GHISER, 1. en) c's ce cge Maret [ela Bh oe ete 
Pauge, Tails, crade, and bridges; 0.7"... yaa eee Babee on 

MATA IVALOLS OLUUT OS: « O.. b so ua ya Wemeoe «28, 2c inode ete eo Se 
cars, improvements, and frequency of trips, 285. 2 wie au 


PAGE. 


116 
116 
116 


OO 


SEC. 


16 


1008 P el LY oes 


RAILWAYS, STREET (Continued), | Page. SzEc. 


bond ‘for fulfilment-of requirements”. 2 77s finn eee ee ee 15 
proposals; advertising ete.0 25) sR oee ees. AES tang tpn mee eH 16 
Maximume fare wo. 6s yo yee ec re ee ee a If 
costs of construction, receipts, reports, ete. . . eee eal co ee ee OU) 18 
axemption-of “Therbity from damages.) yon we es 2 ee OL 19 
GOTT RCL S, hg Yc el ee SR She ieee ee eB ei WR tee a tga ee 20 
list, of stockholders) 0.8225 sie he aie en) Aa ti tig GRE Tene a 21 
usé.of: tracks» by Uther companies. 2." a8. a Pies Cale ae ee ea 22 
specification as-to running Of 0arsy i; fe, nd wore aot yee Ee oe ee GT 25 
duration of COMtracts,. ¢ %)). 2 cee a ee ee eee 24 
fine for using trucks -without consents ge) 2h 19 a) vies ieee ee ee 25 
fine for willful or unnecessary obstructions on tracks, .......2... 598 26 
fine for maliciously obstructing or injuring street cars,. . ....... . 698 pA 
fine: for passengers. relusing to pay fara oe ween ee eet ee as 28 
nam ber. andalicehse: Of, StTeet-cAarg,.. a cake ete hrs ee ee Fe ee te 29 
fine for Don-complience. qritbiawiys f9 2 ewe) ae ete ee Sane Neen To 3 
regulation of cars approaching each other,.....-........,.. 594 dl 


Council to prescribe by ordinance the terms and conditions of street railway 


franchises, * it Pere estat linn howe cleo Re Ran a ge Pe ET 3 
petition and consent of property-owners, and other conditions, . .... . 594 38 
construction, removal, and replacing Of, traces, (27 cal Van A fe er 34 
observance of Sundays ce ii obs thane Gee ae tee een dee RC ec eT ee Ce 35 
tracks of; subjeet-te Taxation, t.7 7002 5.= ok 2 ey ee kd Sane 5 
Louisville City Railway Company, 
aot of INCOMPorablony nec atte 5d eee <class ara Te ee 36 
amendment, * a adCesr Se uo Teh ie ect Clete eel ean arty nee 45 
amdénd wren ty b> Wy es Oe oA ee ee re a ee arene ee MCC AT 
Arend mente Ot -3 ke aA, eS Sn, Ae Re ee ae ee re 48 
TVOTLG MONT: Fic Ging. seats Sha tbs fe AS Ns: Se eee aay a le AP 49 
ordinance granting Tight-oL Ways fa. a ws es ee Gs 51 
Ordinance-:granting Net ol “WAV sh lel ecibe es Seals tee. ene ten te ee eet 62 
ordinance:pranting right.of Wwayisit na ieee ye ie ee eee 65 
ordinance. sranting tight of way, «021.4, coma Scat ee een ee nate 70 
ordinance waiving rights of City in reference to,. ........ . 606 75 
ordinanee granting Nent alway, Sel. 1) ey eee ee ee me eG: 77 
ordinange. granting right: Ofewra'y, wi. 7°. 4. aavele net ne ea ae Pe ey 81 
ordinance adjustiny’ dispute, withsi0-5. Gere. wel coupe, ee en re eS 91 


ordinance granting use of tracks of Citizens’ Passenger Railway Com- 


DAILY j) cle NT beh s Servius vie ere. 6), oo ke RCI pal net ee Me a CL RS Te) 97 
Central Passenger Railway Company, 
act of INGOT POrAtiOn; «os uevistus Lata o2y bate Seam eak, oar), Deanne oithene es meni Ee 104 
amendment, .; 00." 2 Bato pak .e kis hee ee ee oP Mee Ae Ee 111 
amendment," 4°. 5) Osi ee Alyse) eee Ue che, ee ee ne een ae 114 
amendment, {05/5 cee yas teas 7 CE ene ee a ae Gt 118 
amendment, . A EL ay ee ANIA ME ME Bs a DG Fate ge EA Gh Le 119 
nMendinent, so 297.4 2 al oP ei es eri ale gt, en eT oP 120 
ordinance prahtitie fight Of ways es cv cake sce) Reel eee en ey ee 121 
ordinance granting right: OL wa ywcuse.) « ) bare hewee, pie ee eee eee oth 128 
ordinance pranting Tight of pwey, tome. 5! 454 in ly ees ee eT 132 


Ordinance Tequirlig EXTENSION, « -eMereeey = ks eves ar eee 135 


INDEX. L009 


RAILWAYS, STREET (Continued), PaaE. Ske. 
DERMAL OS requiring Oxtanaions |. ro waas nae Bocas sy ud vera x) O2e 137 
Himunce crantinp Senior warn, 2 a owwee ae Glee celnas) a OE 140 

Ikentucky Street Railway Company, 
Do suauorizine bulldine Of POAMAI «Mele. Ms) of Mien 2 ial aoa! Ge. dion, O28 142 
amendment of charter, s 2. 4 Sas x Peat et Oh ett ee a O25 147 
Orescent Hill Railway Company, 
DIOMaAnca.PTAntin fe TehiOL WAY: asset best SIRs) elm etna ue fee oH. O20 151 
West End Transportation Company, 
BONO ICON MTAclOns s,s +ctepdh (oly ee a eet ay ea oN ae ome he 50 

REAL ESTATE. Sez Taxes. 

REAL ESTATE AGENTS, 

Poem eet ep LICENSE. oh.” vr "o “idyst Gall Aer «Mean ake Mesa Bika tie See de 84 
CROMER eg ely eee tl re ae ae ie Pores 4, J) 410 84 
Porenor mio sting license: law, ay 5. Cp ety Ge Agee? oP ca na Aneto. «4h 84 
RECEIVER OF TAXES, 
mare tha LOE Ol OTC G.ul inet c Gee ail al ha ee er ete Oe al! OMe earn jet Et 1 
Sm ESeLete OM IICETOCINEGU Arg ©: 2 on foal one Re ehh Gobet de a aha aye eo, 2 400 2 
Pe Mie od PAY Ol, set ae ae nana Us te aca ones mee aie wae) etn eR 1 OD re 
Seep LraL ames SM eb ee re ve tBins Ct dl te A gegen, SNe ty eA eA SCO OG 3 
Pererem Irnminep A PAF li nae ie Rel Dey cals ee ea eed he @tbG 4 
term of office extended, 5). .% +... : : 472 23 
execution of bond required,. . . .:. . PA tee Mahe eae ie ihe inal lB 28 
failure of to settle accounts a cause of ihelienbinee porary oles, fs. S620 1 
conversion of public money, liability and punishment,. ........ . 680 y 
Be eras PAP UISCOC ate a. vas eke. ba ie ey Chup eee” EN Le Ob UA. whe pate lta? GOO 3 
Dit ent Ce LOLS SAV Cte: ean ai af ap aeude nee, (tines dae Wel of ve rhe Ue eee e's OSL 4 
Pa Treen He. OV Reon tale ere ees van ts) a RR Re eon Lee a Me OO 5 
Ne eREGTEDS Ob Aothy | TRAN POL Marty ee ei aol ce we ute en on EM ants Coe ewinal se Oo L 5 
a ROGIER AIM aN TELA POCOII Ace. <5. + ote) arate bah et ll ee oe tee eee oo OO 5 
FEQOrU AGRA ACRE LOLANLeTLS, or Fl truce vay eG Ncey Stat 6) aye aa thee ee SOO 6 
Breninmulowed Onan parc. DIS. Try Ge Vs ce) ee Wogese| chesa hs: eg oh | cane Sere oe 

DUALS, obec IIe Nee Be a ess Be pacieort ee mms yh Wate Stn chaiT wg Lee Cage Pe a OY 8 
BreeueOn tiHUCO 11 CASO, Of VACANCY co x a ve) et a) ceuh ea all el 8 AW Rape e Mao em 9 
AARP CLCTINOD ANC QUIET R DS 9! 6a, gt ve olin Nk ee Ea ag te ois) s) Poe me Ge 10 
tax-bills in hands of may not be changed by the Assessor, . ...... . 632 11 
MSC LE ys, ity ea eh ev bye “oe eeee ec Me Wig Ooms oh nema tea 12 
shall collect ad valorem and fee TAK een et any ig eat) Mba saree LOG 2 

shall in May and June annually visit aes tee er and demand payment of tax- 
jeN ER ata e Mee Wait oh Ry ae ag SO Se rae een re 778 18 

shall leave with or read to party printed or written notice concerning dis- 
tran andwarnishment of-rents; Ge so. Sse se es 778 18 
Pere T GLO: edo Patt of sues 2d) a’ Sei ra RRM «be Dnata, ah kes 778 18 
See eetia ee POCUIPES Ilise) ULV. s) (ate 26 ad We, 6 eR ee hE Ns lela ter PO 18 
shall file returns with Clerk of Board of Eoancilaen AS ont Ph et ated SPY aera if 18 
answerable for false return’ to injured party, . . . 1. 2.4 6 » «> 778 18 
778 18 


RRA IWe on 3 Sy y Ce) eh atl Aes o Mame mia at a: ARR) Se Ted wd Age bop CORE se 

shall levy warrants on goods and chattels not exempt,. ......... 780 19 

shall return warrants to Clerk of Board of Councilmen, ........ . 780 19 
64 


1010 


INDEX. 


RECEIVER OF TAXES ( Continued), 


shall make out list of unpaid tax-bills against owners of improved lands or 
improvements; 1. Yay whore Via! aE et eon A Teta gules bed lp = Gece eae 
shall notify tenants of delinquents to withhold pewter yee Gee ae 
commission allowed om... We rece cc tay! ely tee ott cge ee an ree 
shall eivé-wdotiee To.tenants. aie Aeneas. ere as Boerne ee ea 
answerable for failure to serve notices,. . . ks PAM ARIAS lye hres A Nt 
shall on May 21st, of second year, list wanaid tax-bills and furnish same to 
City Attorney,, pin soso een Gel tie ae 
shall take charge of and collect (aes books, ete., in hand of Back-tax 
Collectors: 3 5o) eae ee tere oe ee ag ene Siok gan rae ret orange 
shall state and settle his accounts and receive quietus, .....:.4. 464s 
allowance. on. uncollected tax-billsyee.es Ble 2 eer ce er eee 
responsibility for uncollected dax-billeias . 0.0) Gale Gh sae eee 


failure to receive quietus, .. . RETA Pee Pe eS PM am eae RAR 
office of, declared vacant,. ..... 
how, elected for .Gnexpined termy oie sion. tenia Re eet a 


office of, how: repulateds. foo ey ita le, omg ete ees een 
shall mail notice to parties, fiduciaries, and agents, in arrears for taxes, of 


distraint or s@arnishments <i” anno i) al. ween hee 
shall ‘make out “bille in July, (aig Memes cake 50 cette eee tat geen a 
shall file list of with Clerk of Board of Couneilmen;. 7. 2 3°42 405 


responsible to party for false return,. ..... 
false return of, shall notinvalidate proceedings,. . . .....+.+..4+.-s. 
shall collect tax=bills,of 1884 <how./ vie us5 0 6 chien ee oe Game yee enn) oe 


RECONSTRUCTION. See IMPROVEMENT oF PuBLIC Ways. See TAXES. 
RECORDS, PUBLIC. See Pusiic REcorps. 
REDUCTION OF TAXES. See Boarp or EQUALIZATION. 
REGISTRATION, 
Board of Registration, of whom composed, . . . A as : : 
shall-appoint revietration-omeers,” tl ada. : a tel ee wee ee te tae ee ee 


Officers of Registration, 
eligibility, politics, term of-service, and: oath, 705s. tee cee en 
notice ‘of aAppoLn trent, gi 4 ee oo te Cl ae eee ee 
non-attendance: ab Ter straviOng,. wl wince ks ee ee eee 
power -to ‘preserve order, -7 hy eth ftir nvae oki an ie ae ee ee ee 
examination of persons rhaes qualifications to register are TERNAL 
registration: DOOKS :. 0 RE Py ehca  o rina niet ake eae ane 

General Registration, 

Cuties OF ORICRPS, meant colin on eas 


who may TéGisber | ov) ARE Rane woe betas a creel ee 
aliens? naturalization, was: Aci. fac sk ec. en eee ene 


duties of clerK and judges, 7 4) ces i a ee ee 
delivery of books to County Glens: Met nar ANAS Ohare Nn vy Spl gon’ be 
duty of County Clerkin reteroneetto books, .. 4 iy ema nen eee 
Special Registration, 
times of; bolditigy se. 2 LF oo aware) ere) Se en ne 
ODJOCE OL sar oy bon Wi ate ote CENA”) fog ee hiya eee 
for special elections). yllerl seats cee yacht aes e ee es  e 
deliveryand return of books < Vi, eG 10. sare eon ee ee 


PAGE. 


Or 


~I -+] 


Cr On 


@r oN 


CO" O G +O. 00 66: "65 


SS ST ey Sd 
[im ) eae na 


CO 
OD 


634 
634 


634 
635 
6385 
635 
635 
635 


656 
637 
637 
637 


638 


638 


638 
638 
638 
639 


SEc. 


4 
21 
21 
21 
21 


INDEX. 1011 
REGISTRATION ( Covitinued), Pace. SEc. 
fivgvea ea Oceanis Tie id eee ee eet Ge ere : 639 i 
removals and re-registering, ....4.4..-. . 640 12 
challenges, examinations and investigations,.. ....... 640 13 
tise. 61 books at elections, & 251) 0h ata ee ; 641 14 
false registration, punishment of, et dae meee 642 15 
false registration books, making or aiding to m: hes a felony, 642 16 
PON enMVent OF PSU, oh ae hay Bea Se Gale el tea a) al eeeen ae! 642 17 
fine and punishment for obstructing registration, . . 642 18 
witnesses in prosecutions and indictments,.. . . . . 648 19 
officers’ fees, . . . or « Kye : rales 645 20 
copies of law to be Sinienn in eaoh r Saieak bec 643 2] 
M@liGty LAW Wen IN tO; eChs Late 20) ame Oe ee a ls ee a a 643 ps 
REMOVALS, 
AWS Nie Shc 7) 6 CS 7 ae i Pee SD Coli Lee ye ae 640 12 
RESIDENT GRADUATES. See LovuiIsviLLE MARINE HosPIitTAt. 
RESIDENTS, 
mucuonmed tobe Tor iaxine. purposes; i. oie cag ry sire) oe Nitin ee gs fel way ot COU 50 
RESTAURANTS. See Eatine Hovssks. 
REVENUE 
sources of Ae Ae ‘ Are We Cia, Me Tae 759 1 
as controlled by the Sinkine fan a ae 2 698 14 
RIOTS, 
power ol.the Mayor m-prevention, of, eth i a 443 18 
ROAD-BED. See Bonps, Ciry. 
ROD AND SCALE, 
HELM OT CU OT PRU ORS: sete a) ahs ie, ites oh ete ome Real Pc Or ea 385 55 
SABBATH, 
buying, selling, and manufacturing on; penalty for,. ........ 293 71 
selling, buying, or weighing of cattle, e¢c.,on; penalty for,. ... . . | 298 71 
Council may pass ordinances and impose ave: to enforce observance of 353 23 
See SUNDAY. 
SAINT XAVIER INSTITUTE, 
certain prostitutes may be committed to by the Judge of The City Court, . 135 54 
Wiscugree cn SUCH ID INAtee IPOUI «(kPa see valae tao tall as cae yh dh Maen id's 0 a LOD 54 
escapes from, penalty for aiding or abetting, ........ 1 186 54 
SALARIES, 
GrealeCiiy, Ciicers ANC. COMPO yesh. eae uemmmlnn ee set sh were tte Vat nats 474 33 
SALT. See INSPECTORS OF SALT. 
SAMPLE DEALERS, 
Sra eer hdr LO DOSS. 5.7 sik ses 40) al aed SLC nes Cre. eavai esa ss 420 87 
PES ACHE G 9 5032 41s g BEN, Fa suet o>) ca Os <o  oeatan sar anes 420 87 
PRTLORD CORICCTIGEs tou iy eed olive: (au cee tome sd, Ss VN tem tao! Hela 420 87 
Hine for mot Nuving LiGenss, <9." </ t) wera 6 4, eile 0, Se lon bee ta 420 87 
SCALES, 
for use of City Weigher, how provided, ........ 3738 8 
OO EE) De a 8 ecg onion egy a aT Ate) agent Nellans toe (e 373 4 


1012 INDEX. 


SCHOOLS, PaGE. SEc. 
to establish and maintain, Council shall pledge The City’s credit, . . . . . 230 5 


City bonds (June 10, 1865), authorized for benefit of, ......... . 2380 § 
City bonds (April 10, 1866), authorized for benefit of, . . .... ... 234 10 
provisions of means of establishing and maintaining, ......... , 238 9 
portion of State school fund appropriated, . ... 4 - . 4. 5 & sis a= «| 230 9 
City Court fines and forfeitures,.... . Pee re Rae) eee RY wee Sy 9 

9 


escheats to the State, ... 5 Og alan og es Pees 
City bonds (May 1, 1867), for ‘i nefit of sutliosieed: J he se LS NE alee oy eee 12 
special tax for payment of, ....... aot Gop ene 12 


Board of Trustees of the Male High School, pa High Shaok ad, the Pub- 
lic Schools of Louisville, 


election, number, and term of office of Trustees, . . ..... -.. 645 1 
general purpose and power of the Board,...........-... 646 2 
oath of office, by-laws, queram,*.... .- & 4. 5- a as een oe ee 2 
restriction as to appropriations, \. % <4 29's ee ape te 2 ee eee 2 
record ‘of: proceedings; 4-50 6 Bove,” sakes a oe ee ne 2 
shall elect, compensate, dismiss, or suspend teachers,. . . ..... . 648 3 
prescribe branches of education,” <2 20 2c he ee ee 3 
regulate exalminations,, "72: 2 <p, sh ce Bee ee ee 3 
apportion pupils ag to miniber,” Fc. (55+) dye ee ee es 3 
establish school distriets,. . 2.5". 5. 2 fel re chee et el ee 3 
provide school books, 2.7) 3) 69 ee ee ee a ee eee 3 
equal rights of shire to be admitted to acisane SG aPs ee See 2 ee 3 
religious beliefs not io be‘taught,.- 2. a. See Scour. - eee eee 3 
Secretary ofthe Board, 2.42). 2) 4 Se oP ee te ee ee 3 
duties and calary, 76. ok Pee ee ae shea Nido n eR ee ae eR ES 3 
Saperintendent,~ 5 ../ 4c .he ac ie, i ees ee a as 3 
duties ‘and (salary;\=-.27 . 5, s20- 3 We, <p ekere os On ee ee 3 
snnual-reports-t6 Council -.. 4 2. 255") “ae cee oe ee 4 
qualification of members and vacancies, ............. -.: 662 14 
Board to judge of members’ qualifications, . . ........... 668 15 
peereiary s bouds (¢2 1-445." Sige. ae Bis OGe 5 
conditions of admitting to ation cnanahs from Chay ont City traits . 663 16 
corporate title changed to “ Louisville School Board,” . ........ 681 63 
quinquennial census of white and black children,. . . ....... 681 64 
reports to Superintendent, ise. 625 5s Sa iaee. 6 ee tn 
Board may cause special census to be taken! age, Shas = es ie eee ee 66 
appointment and pay of census-taker,. ........-:..+ - » 682 66 
Taxes and Funds, 
School-tax, levy, collection, and payment of, . ........... 654 5 
paGheaten se 8 es Ly ee er ee oe CEN ee ee eS! 5) 
Male High School a kellaee, Asteike wth ea ee se . 654 5 
tax increased to thirty cents, ... . ae ii meh oe ee 6 
tax of eight cents for three years for schdale hous SOS Or, Got eae ear ee Oe OOD 7 
duty of Trustees in reference to taxation for school purposes, shall not 
exceed Incomes 7) 0 6. See Ce en 2 ene ee 8 
examinations of teachers, . . . P eo. we . 661 9 
no property or funds to be applied ts eae ot under Se of the 
BOA: Ab cs. cw 5s ee eee oa US ah Cet ee ere 10 


vacancies in Board; children outside of City: tuition fees... . .. . 661 11 


SCH 


He EB ee, 
OOLS ( Continued), 
colored children not to attend schools for white,. ... .....2.2.~. 
separate tex. and fund for eplored’ sehoold, , 2S os ew Bn e's 


BOAT INBY: DOLTOW MOUSYs Vc weewmne 86 24) a7 Perec ia se OF oe! es 

Cry bends authorized tim. be taped, a7 5 Vein) wc) ye ler lode en, 
SIT RINE Hund to: pay: Andi mkerash: Coie as aleew te gy nie Vere! Shll ) 
poverics ‘applicable to colored schgGle rs ce ch fe aaah reeset 
tax of eight cents authorized for building, repairing or buying school- 


Liga Veg nes: «os rane le eee, ho tae eres ee ee Soe aaa ae 
Row Mery levy to DOING eH eh se en Cu eee ome es dy eric oe 
The City constituted a school district and levy of school-tax author- 
DERN y Sets En ue) Tati it ae cnet Et Ae EE NA tatee eter. Nae ee 


ROC MU ONT CIITSOHLs MECC,” £ Mena? Min Nek eet Ca eee) Ai AP ete eee gla” 3 
in The City ately vest in the School Board for the benefit of schools, 
FAITH DUTSeMMCH thy h. corse: Secesttee cols fy pee ee Aaa oe 

State tax of two cents authorized for eneat of the Sa eal are Pipe 

TONG AIBILC. ofa) 1 ce Ty el. ad ETA ea es edie 

white and colored children to receive fund in proportion, ...... 

capitation taxson:coloredspeopie repealed, 0) 605.950 be eas et 

law imposing additional tax for school fund to be submitted to people, . 


merchants’ school-tax, ... ... OR ars kt RE A oe ee a ee oe. es 
School Commissioners, 
wee Wiommtiscion ci fore le Citys gees rere: Ma teen ND iene pr. tae oF. 
Bleetiol, QUESTA COMIPSNPALLOU Ne Lok. nelly Mebte pe ite “ake ) ead td 


shall draw his district’s share of the distributable Benes) Fund, 
cha. pay ound overtto: beard: of irustees i sett aut. Mirenleme he os 
WGMiiniigtoners <ilabiiin vicki Camaros nes ree aie aw he ahs ok Feet le ate 
cities, towns, efc., having a system of common schools deemed sepa- 
SEG: GUS LTMCUS. iam ete cna pie etn St re en Been eters) Ara be AORN YS eG 
ROpOvis hy | Megtecer Wh wets a seek a test) on Mam eR | df iseas) yok Oe Magee tage 
not to have control of schools where there are local authorities, . . 
reports to-Superintendent of Public Instruction, .......4... 
duties of which may be performed by local school authorities, . . . . 


General Statutes, 


duties of Superintendent of Public Instruction as to estimates and ap- 
DOLCIOUBIET bie ge Rb ee ea Ce oats fre crak he al hr, 
special school-taxes*by cittes arid towns, §.¥ es 95 6. Oke ae ies. 
commissioners; qualifications, election, and compensation of,. . . . 
annual reports of commissioners to Superintendent, . . ... 
SOArveLy Teporta OL COMMIUSSIGNCTR, Pees ecco bo Rh ye eee Ye) 
cities, towns, e¢c., having a system of common schools, deemed separate 


SCT ES eR Mii ive RAMEE! SEP See, Sa cme MALLE 520 5 
Penoris oll rushees £0. COMIMISSONETS, ihre cl le, esl ee Bae ot ered, gt, 
government and control of schools in such districts, ......... 
enecis, Of peneral law, Onrtocal lnwea ic) S0 a0 7H). pl saa er ep see fe 
pachested: property s wolm bursomenhen,. 4 Oe shad Ade A Noe a pe 
white and colored pupils and schools to be kept separate, . . ... . 


Schools for Colored Children, 


a sierosyetpm estapleweds een) Leen nce “pm eS TA 
génsus of colored childrem in, eneh district,» ©... 7° oR el a Vhs 
School fund cietripntable toy Geely... 20h °s 4 4 52 #4: 


PAGE. 


662 


662 


662 - 


663 
664 
664 


666 
666 
666 
666 


666 


667 
668 
668 
669 
669 


670 
670 
670 
671 
671 
675 


oOo o> Oo 
~I =i -I 
a 


1013 
af. 
SEC. 
re 

4 

13 

LT 

19 

20 


co 
Or 


oo 
Oo 


or) 


1014 INDEX. 


& 


SCHOOLS (Continued), PAGE 


unlawful for colored children to attend schools for white, and vice versa, 671 
erection of school-houses in The City providedfor, ......... 671 
Sanitary Provisions, 7 
pupils shall have been vaccinated before being admitted in schools,. . 673 
Health Officer may visit any school in The City and examine those in 
attendance to secure compliance with law as to vaccination, . . . 673 
fine for violating the law or obstructing the Health Officer, . . . . . 678 


University of Louisville, 


IMCOLpPOration, | Yq 4 4s en eh ale re NOE tt alate mAs Sea a cee me Cre 
First Crushes, GUh ee one en Gee See aoe steer 2 Oe Rg mann Sean Oca ee 
Corporate POW ers, ) vias bese alee) Lhe hints nied eats ames tek an net 
appointment of officers, . . . DL Mee Mite rae oie oY e 
conferring of deproes. | 715 Vie ees ash. a ue ae iy ae ea ee at 
préesident:-of the boards: as wi ole 0) alaeh tn Meeines bint eee tee 
term .of Otice of Eriastegey 0 <a yeas coke a tan ete es ns ee em ay 
VACATIETOS Ss ORR Se Oe eae RT Nettles th ak at Oa 
annitial Peportey) Ses. -:, Few Moths (ao haley topics ek easiee sar eri eels eee ir 
donations and bequests, . ..... . ‘ ; 678 
conveyance of square on Chestnut, nena Hig hth Ane inch cra 678 
Medical Institute mergedy): halcen : : mh dye tigla lh NG Oe eam hes 
proceeds of sales of lots on west side of Kighth Bihe oh Ae faethe eee OO 
Medical Department,” 720 0G ange are oe einen yee ies iM ne ee ae 
students: in the several (departments, 42. cun, aa eure as ey cee ee ere 


diploma of Law Department a license to practise law,.......: . 681 


SHA CUD Y., 
power tochave, alter, oract without. Voys aivaeden Guten tee ee ie ae ea 
Adoption Of... e/a, Soe see a ap epmea ce | gee Utter SMe ci gt ma a Lea 
SEALER OF WEIGHTS AND MEASURES, 


election of by (County Levy Wout W020 a fea ans, Sel ee eet ogee ne ee 
term of GTC colo cl ye ee ae at eat Shel ee ee CY 


bend, hee us EON Stee a ee OES, hg, See aa lie Re ce a 
annual Teport; cw ye Aeip ei oles nr Ela et alo eo einer inane : 390 
deputies, 6. ei oh 5 a ed a Eee iaaiiedd iste op med le Vie ee a a a mac 
duties, sg Me RY es RORY oe, SOS te al a aE 
additional inspections by,. . ... Sve ay pe : eo Cutie, ied 
shall test the scales, weights, and balentes of City Wiehe at Le once in 

Six Months, |. -hil See ar ee en On erie a ale eee 


obstructing or diregarding,a misdemeanor,. . ......+..4.... 3891 
compensation, schedule of fees ciate! Sits Mae ear RY ee a 
fees to be paid by owner or user of ales weights or measures, in- 

spectod, Salina! carer SN SEP Atoll oe tee aed ou ete Me a ee 


SECOND-HAND DEALERS, 
who deemed to bey fe 8 eo Se oe Ce ee eee 
réquired to-enter into: bonds” "i, wise byeeows sa elie a oy cee es 


shall not: purchase from MiNOTe, so se eee ee ts a! lacie mt ene es a Sa a ee 
a register to. be kepiiby, ii. nicccten saa RRs mas) oun ame ML oe 


penalty for: violating ordinance, it). 7 eeaue es). csaueareen alan Wie le ie Mae 
forfeiture of Jicénses .-.. er > Poa arth ee A aa tue ee ce 


SEc. 
By 
38 


42 


oo 
i> OS 


NOAM TH OT oO 
Go Or NX Sr BOO Oo co 


oO 
=] os] 


Or Or Or 
2 OO 


a 


‘oR 
~ 


INDEX. 


SECOND WARD, 
boundaries of, ... . —, ans : 


SECRETARY AND TREASURER SINKING FUND. See Stnxine Funp. 


SECRET SERVICE FUND, 
ROWer OSPF OOINOL iO. OPEAlO ree ch wee Uetins ng Ve) Ee ny Jin Ntine 
at disposal of Mayor, 
SERVANTS, DOMESTIC, 
not included in the nine-hour law,. . . 
SEVENTH WARD 
boundaries of, . . . P aad asia arene sete a ce oe 
SEWAGE AND DRAINAGE, 


division of The City into two districts for purpose of providing, 


' expenses in each district, assessment and collection of, . 
sewage districts may be established by the Council, 
map of sewage districts, 


costs of sewers to be assessed and sania § in each Hien! separately, 


costs of sewers in Third Street, . . 
estimate and apportionment, yu. 6 aie send ws 
drain connections with sewers; application, Seiinate deposit, . 
laying of drain and certifying of cost,. ..... 
refunds by Treasurer, . . < 


assistance of Street Supervisor and force in respect to drains, . 
Treasurer’s account of private drains; restriction as to use of money, . 
grades, inclination and depths of drains to be fixed by the Engineer, 


fine for throwing substances in catch-basins or sewers, . 


all connections with sewers to be inspected and approved pe ina City En- 


gineer, aa. : 9 eee Wresetinal 
City bonds to pay for, in iatarh District Wiehe hs ast 


Western Outfall and other sewers, City Bons to pay a boeheriead 


tax authorized to pay sewer bonds and interest,. . . . 
issuance of bonds and apportionment of proceeds,. .. . 
tax for cleaning and repairing sewers, . . . 
SEXTONS OF CEMETERIES, 
Sine UiIre- permits. Jor A Ul DUTIES, Ws) co tea jo, co os ln de) Sy ov wes 
kKeepopurial permits filed away, g..« (2405 (.)c.. ae a 
failing to comply with ordinance concerning rene 
BrectiemrasOOg tis. eh et es 
shall obey cemetery regulations,. . . 2. 60. 1 ef a 
Gig eraves Ae required... 94) oe, kale de eine b 
RO OO VOL DORT UM cm am ieviic: Mu brsiehtcncayehgel Set its 
open gates for visitors, . i 
Ree Kame NCLe cles tht POO OTOL a a ila Ae Mine oll eo ia, 20. 6. | 840d on ie 
Teports: Of, 10 the Mayor.) 2. 7 yl lode a 
he, FL) pa on ae eae C97 ee 
Sexton of Pordand pare PAS AEM te aa ne ae 
BSC LOt, Sen AG tis. 5 se. SR y we folie 
PCLT BREE Ty ergs tne teu RSs Parades Man! (ody 2 9 APE 6 NL oie tas AR Wie 
HUB MRE UPTO DOT Ue, GAIL AN Py, Ga kl vik) «ves @ ee oo Meee 
shall report monthly to Health Odiner a 
See CEMETERIES. 


PAGE. 


29 


354 


443 


461 


65 


1015 


SEC. 
10 


15 


oO Om eR WD 


— et 
DS © Oo =] 


tt pt 
Or Re & 


1016 INDEX. 


SHADE-TREES, 
ordinance regulations for the protection of, . 


SHERIFF OF JEFFERSON COUNTY, 
a member of Registration Board, 
shall fix day of special registration, 
SHIPPING AGENTS, 
who deemed to be, . 
rate of license,.. . . : 
fine for not having license, 


SHOOTING GALLERIKES, 
rate of license,. . 
duration of license,. . 
fine for not having license, 


SHORT-ROUTE RAILWAY TRANSFER COMPANY, 


incorporation, . 

corporators, 

powers, . Sa ee 
exclusive priv face granted, 

right of way, Sawn Ares fs tere ane 
may construct and operate railroad, 
may connect with railroads, .. 
may regulate rates, 

may operate branch roads, 


shippers on, entitled to side-tracks ina sine in 


election of directors, eee 
capital stock of, personal property, . . 
may adopt by-laws, 


may file petition in ewer Chincers Count # res! property, 


proceedings under, 
may borrow money, . . 
may issue bonds, 
act of March 7, 1878, eeeden: 
net earnings of, limited, 
shall make no discrimination in rates, 
right to condemn property restricted, 
connecting tracks limited, . 
shall not interfere with navigation, 


exclusive right of, to certain space, limited es boas years, 


right of way granted to, 
shall not obstruct traffic, 
shall elevate its track, 


shall lay tracks under supervision of City Hinpinaer 


rate of speed not to exceed, 
shall not discriminate in rates, 
shall hold City harmless for damages, 


shall commence and complete work within specified Ror 


otherwise grants to be forfeited, . 
unless extended by General Council, 
maximum rates regulated, 


PAGE. 


292 


634 ~ 


638 


421 
42] 
421 


421 
421 
421 


805 
805 
805 
805 
805 
806 
806 
806 
806 
806 
807 
807 


807 — 


807 
808 
808 
808 
809 
809 
809 
809 
809 
809 
810 
810 
811 
811 
811 
Sil 
811 
811 
811 
811 
811 
812 


SEC. 
68 


SHORT-ROUTE RAILWAY TRANSFER COMPANY (Continued), 


WPHORS 10-8 TOLOMALEG i) ec cl ce ae we hh ee oy 
Fever, 2reient Teds ter eka lige ee bt tals 


SIDEWALKS. See IMPROVEMENT oF PuBLIC Ways. See PuBLic ‘Ways. 


SIGNALS, ELECTRIC. See Gones, Evectric. 
SINKING FUND, 


Commissioners, 
ALIVE PORALLOD Pst cee». AV AY he ace ee Oa Rake (ate Pen IE 
PECRIICNT, VCO ahah te, aL chr oemen lg teed oP en feeb 
WAVELET. O6 Se evils, sae er eay ed eedoy be 
COMIINLOT, BEA), “5 etear te” tri oct Va ee on a eee een R ees 
PULCR AD Vala Wey, Vet cick ote ox Re ong IS RP ea atte nee acto 
PORTA OMLOC. D0 laa es ine De | ae Mids 
elizibilicy-.and qualifications, (fat hae es Ree, aoe Je 
eriers-upon the Mund, 4. "60 pet ay hay ce ene oe eh eve 
control and application of funds, estates, and incomes, . 
Fagnehl ys statements, bP Gee ot Goeth te Pa ce tent eae see haat 
PEDAL SLALEMOMES as co op ASL er Peg ote ede) oh Momrees awe Te hay 
BOUIN V Lt POU OMG rn oo heh) gee een Mamet AV Gaseal tee ets | 
PRIbCAS LOTION. a rh net ood te hase oe Wr cee ek ore 
COIMLBONSALUU ta <n o> ce et el ch eee tend Lem eel ape At 5 


control of all resources, taxes and incomes for payment of City funded 


re E10) a SY Ae BON © nieve Neer e tears 2 °n re A Raa By fo 


Council may repair or improve property the income of which has been 


Bel ADAPE PUKING | UTE AL Apa Acre REIL: 
limit to which Council may charge the Fund, .. .... 
TUBOR- Of GONUSIt Oh MCS weirs oe ih. Pamtres Belt sltey te hs. te 

DORAAATICE Game ME Tyrer “Catt ergs cee <! Rboray an Re ee eu Nas oF Re 
elections by Council, +... . 

PACHING IES or wile cabana ef Uidae | ag) kaye 

FeV ECONO GE Gemeem, Oe = Sarat tt taser ae. ee ed eg NS 
PISGROE eNOS s a Reo ee xe 3) geet shes 

bone tone Clty tarae seene sles < ieee outa ee coe es 
unlawful to trade or speculate in City bonds,. ....... 


may recommend change in assessment and collection of license, special 


TSS OL Cyn i napeat bool | ME Pays wa ed ee na A ye fe hee 
mecretiry Amd Ober OliCorey ets ewe colled Gh. a. yoni he 
Salavies chargeable to.the Hund. a oie 7.0 S4.< 
covenant to The City not required, .... . 
Bate Gir electians: (6 Ua oh sc ewe, Con ee tab fal Pugs e 
CAYitis OLA@iIHOE. | M3, Wae a Jee 
VACGN GLOGE Wald ca (dees are ew cts pts Cont Sek Geet Are 
PRCHTICION: So RMe a Met Ok cam RP gS Slay hei ee 
Oat OF. O1CCss ey wae, sce, Remiyiyel & ote oc 
Treasurer and Secretary and Chief License Inspector, 
BOR GLOLUIENG, Sql app Paige. o Ma MMEMECAA ED yn ORT eEEC ss a ay un Ll 
BRAGG S Na Oa Be ay ce, Ran, eis Mat 3 Bede At eae oa deat ee 
CANES AEE LE CCS Re OE) OA Oe a fr See ae eX A RE ae 
PELUL PRRS ADS Fea teas lew vy inlet eM Se ets\ ote 
ot: BGO, eR eee ee OO SVR «Se Nica 


. 


PAGE. 


$12 
812 


692 
692 
692 
692 
692 
693 
693 
693 
694 
694 
694 
695 
695 
695 


695 


696 
696 
703 
703 
7038 
7038 
759 
696 
696 
696 


696 
697 
697 
697 
697 
697 
697 
698 
698 


699 
699 
699 
699 
699 


1017 


SEc. 
46 
48 


1018 INDEX. 


SINKING FUND (Continued), PAGE.) SEC: 
feria OF OAR CE ce ool ies mga ee ae aa 29 
VaCaANChes.” ri lotabla eo ve Nd ag Al ce Cn ek uae Demet i at i ee 29 
Cuties 8 S28 Pos a heed a ae as eared ma Dc ae RE aa 30 
emibezzlem ertty. ad ac bette he ene! Aas eee Cee Sane ecre G aa c 30 
assistantse oo; CICS cea cence Sythe CRIES ne cae traits ae ee nla ae ee a ea 31 
Offices fore sg ri atte hate > Meth Buble is Aust OP iePoa so tata ta ee Fn ee 83 
assistant inspectors may: execute process, 61.5.4. 5 ts see 387 
regulation of salaries, .... Oe a wet WP P AE eas ro Tt Ree 38 
duty of Secretary as to Nobueanant for aces. eee icons tee eee G 33 

as.to application for tavern licenses /F.5s 5.) as ae ae ee ee ee 97 
duty as to transfers of license,. . . sa tea hath aM ottucehs Ki ake Ae: Pe Cimcon at 
shall furnish ordinance and license to Seon Rae eee Ue rA me: te et 37 

issue and repister hack licenses 0%, Beulanty dale mom we tine en en ae 420 

Resources and Charges, 
not to be, diminished by the Counerl wi ae, a eee od 1 
may he increased by the; Couneums 0. oh Pees on ce) el ee ee) Bema 1 
how kept and applied, ..... . ere Setar irtory ~ee ) Meeee  s: 1 
City’s stock in Water Company aatied n Pe MME coir rio ge Ati Lis! 25 
annual forty: cents tax uddedmoy- io.) - eclice elie 0s Lame ener eran 25 
Sinking Fund) tax, ... UR yf arate Fed 1 ahi ape ater Re as eg cae meee 26 
all City bonds charged upon is Fund, ahs hog Spat lag POO a cee te ema ee 7 
paymentrof thondad debt vex kod Swarts setiede tt ee asa Ie Ween ns ene te ati sh) 
restriction as-to miaking oliargés, 02). \'= Pattee ilocos ie Da aie alt eae seen eee 28 
non-liability for certain salaries, . . Nae Sey re Sea Aer We ae A 32 
appropriations to improve property of circle Fund lnmpbeds ae masene scans £ LE 32 | 
property and incomes of the Fund exempt from taxation, ...... 701 32 , 
unclaimed stock in Louisville and Nashville Railroad Company,. .. 701 34 
Fund: continued as establislied? <5 2a) Wie seater le 35 
purchase of certificates of Water Company stock,’. <>... Foe 2 = ee TO) 36 

authority to Commissioners, . .. wy 6 2 ee nee ee ee AOL 39 
special tax on/express and insurance companies, ....... .. . (02 40 
investments, ys SPE G IOS a) Se Pita ne py Us tied a i ca A a a 41 
floating debt of The City, ay ny, Hg Ose ob Ware) ah ag A aha ep hincoe Ra RE |  a mP 44 
arrears of taxes prior to 1882, . . . . (adn DN AM te areata ae Clas 44 
surrender of Louisville and Nashville Teasleeatl fee eees stock on de- 

’ posit-of certain. bonds 28 pled gesy aiindp soe ee oe 46 
authority for sale of Louisville and Nashville stole held by The Oity, . 705 47 

proceeds of sales; how applied’ or invested). 5 GA Givsals vas siren OO 48 

licerise revenues, <3) hie Lb ao 9 wee Fl ee i es ee ee 2 

Ah VALOTE NGA, - inal gee aan Gate». eet ee ae Sa hc Riese ch AL 3 

fixed ‘at forty Gents, sic ag oy lame omen cote ois ocean OR aE MCs 30 
proceeds of sales of City stock in Louisville Gas Company, . ... . 820 30 

SIXTH WARD, 
botindaries: Of, 0. esi eee. eg eer ont ane Wee ol 14 


SKATING PARKS, 
who deemed keeper ‘of,.:. 0,24) (10) 72 es gE we eee Sa baat, Gite ett 95 
as yb 5” etre ea heat ae ee 95 
ofa oa pees Se ae 95 


Pte ae er A 95 


license required,”. .-. 
rate vot liceise, vay. i. 
fin for mo0l- Davinre, afin) oe eee 


INDEX. 1019 
SKATING PARKS (Continued), PAGE. SEC. 
Roller-Skating Rinks, 
keepers required to have license, .. 05 6 eh ee ee we 422 96 
ES LLOBLIER IF cat back R Me bee a lt fapeceterie Gere  elne ign by Wb mM 6 422 96 
PATE LES TOW Lie WINLE PE hr are eesti tr srs ne thy aos. MeDnetlie, id) 8 422 96 
SLAUGHTER-HOUSKES, 
construction, keeping, and using, regulated, .... . 292 68 
SPARROWS, ENGLISH, 
fine against persons injuring or killing, .........-+.--. 278 7A 
SPRINKLING, STREET, 
poner! reriiatiom OF me oe eens dad suet -\ a: |e 526 59 
FienithOfieermpy comiral, go. ai7aso. ce * 526 D9 
Waele Ol Water PrOniniteds. |e suet seers pl. Fame: ate RAE tog (cae LTRS 527 60 
Oinoes, and tunes Of Sorinelinyy Carteret fe. Fre aenue Mon *> 527 60 
CONS Tet Ite etme a Mbyte C00. Pecan oni encais te, ahve phe 8 527 6) 
sprinkling without license,a misdemeanor . . Fi ke We cee ws O28 61 
only-one party. to sprinkle samieqWares cr h-wan Sel fey hime 8 es we 527 62 
interval of one hour between times of, 527 63 
BOTT LDA Gi Gente nate ae Mansi te yc LORE Alo Mend gos Mae” stile SRAWa Bale hae 527 64 
RUEEEMPL Otel; ATG TTMLGA AOL MCET sor ase t Sa Tih Rae Ae fac as RC ior ae ore Nt hls Jae alm aE 64 
footway crossings not to be sprinkled, ..... 527 66 
penalty fon Violating ondingmes, ys 2 “ae elt Ue ey on 528 67 
See Pustic Ways. 
SQUARE, 
definition of, for purposes of apportionment, ..... +... +. +s 499 2 
STONE, 
POM NY OVC OUSS CUACEM, TOA TO BO Me fT MON a ve ual oe Ob ee) pen, ghee 116 16 
STONE-WORK. See Inspectors oF BRICK- AND STONE- WORK. 
STOVES AND STOVE-PIPES, 
regulated, as a precaution against fire, 280 35 
STREET-BROKERS, 
Wit Gear eG O° Geok ms = eee ae Tele at, deige, Bp ent, ee aR pe ary 422 97 
Be GErth UGAQSE a. «45 Sees MG oe Mh cet ie tees bons. a pie 422 97 
Dine tor mot Having license; 2 ke, oe) Sea 422 97 
STREET CARS, 
shall not be hauled or moved on public ways, except upon track, 291 65 
being or remaining on steps of, while in motion, penalty for, . 292 67 
See RAILWAYS (STREET). 
STREET INSPECTORS, 
shall certify to Auditor, monthly, the claims of persons employed by them, 152 6 
BOB Meme pare Ot bil Vat MVOUNGI Ia is Ui amis Mayr > eo el aha ere at > 152 6 
Piast Unb Y Chm me othe nema. Sow.) aes re?) tothe he encarta sel tO 58 
STREETS. See Pusirc Ways. 
SUNDAY, 
general Statutes as to observance of not applicable to street railways, . . 595 3 
See SABBATH. 
SUBSCRIPTIONS, 
Baste WV Auer COONAN Vina wees hs > <a Heat se rt Sco a Bec ye gh ee 2OU 1] 
Lverthousand ave hundred shares, ).) ge eRe ee ee Gs, oe 235 11 


1020 INDEX. 


SUBSCRIPTIONS ( Continuea), 


bonds -anthorized,: as U5 sive sc ven ae ee 
conditions, 


two thousand Ah Bas éa ia es, . 
bonds authorized, 


to Louisville, New Albany, and St. eae eis Tie LEARY Vie 


conditions, 
bonds Suen aioe : 
how stock to be held and used, 

to Elizabethtown and Paducah Railroad, . 
contract and conditions, 
bonds Huth origed. ey ee ern 
ordinance directing subscription, 

to Louisville and Nashville Railroad, 
conditions, 


SUPERNUMERARY POLICE 
number, duty, and compensation, 


SUPERVISOR OF STREET-CLEANING, 
authorized employment of, ..... .. . 
Chari Of, ) aan a hts 
bond, . ‘ : 
accounts and reports,./ Wows pee. sm 

SWIMMING-POOLS, 
who deemed keepers of, . 
license required, . 
rate of lieerise, .. ; op ie Rha, Nw Ber 
fine for not having ees 


SURVEYS. See ENGINEER, CITY. 


TAVERNS, 
License, 


petition of neighbors to be presented by applicant for, . 


statement from Sinking Fund, as to class, 
action of the Council, 
notice to applicant, 
payment of charges, . 
execution of bond, 
form of bond, 
certificate of license, 
form of-certificate: a. ya ee 
without liquor privilege, 
classes and rates, . 
with liquor privilege, 
classes and rates, . 
fixing the’classof an applieatity a). wAeleone 
limitations of license as to time, place, and person, 
when license begins to run, . 
certiflcats to be hung up, exposed to view, 
may be closed by Mayor’s proclamation, 
fine for violation of ordinance, 


Su Or NS WekhS he bh 
Omowowm cor, B&B 
aS © CO 7 Te 


we 
CO 
Or 


GN (OV OC tn 
bw bo Wy 
Or Sr Crus te 


bo 


Do pp 
bo Wy WN bD 
b> b> bw Ww 


Ae PR PR PR 
Rots WC bo 8S TOUR to 
OO- O93: CS JeS 69 2S 10902 


ae 


oo 


18. 


32 
32 


97 


100 


99 
99 

100 

100 

100 

100 

100 

100 

100 | 

101 | 

103 

102 7 

102 ; 

104 

1059 

106 

107 

108 

109 


INDEX. 


TAXES, 
Levies of, 


after May 12,7884, 3). ts; 


ad valorem on lands and improvements, 


ad valorem on personal property, 


. 


. 


. 


license on trades, occupations, and the use of certain articles, . 


head-tax on resident males, 


times, 


for City purposes proper, . 


for support of scboois, . 


for paying Elizabethtown and Paducah Railroad bonds, 
and St. Louis Railroad bonds, 


. 


. 


manner, and maximum rates of, 


for paying Louisville, New Albany 


Sinking Fund, 
for House of Refuge, . . 


for use of S 


. 


for cleaning and repairing sewers, . . 


for cleaning and repairing public ways 


for reconstruction, . .. 


for paying City bonds of 1883, 
absence or failure of levy-ordinance, 


schedule of rates to be used, . 


what lands subject to, . .. 
what improvements subject to, 
what personalty subject to, . 
Gia VestIneniteiar xe wees faut 
for school purposes, .. . 


for paying Elizabethtown and Paducah bonds, 
for paying Louisville, New Albany, and St. Tae bonds, 
879, 1880, 1881, and 1882 


of 1876, 1877, 
Assessments of, 
fOr TICSTIGG.* faa ses eee ele, 


1878, 1 


Old y Caciients. secs <meees 


what household goods Dabice to, 


foriboad-taxs wo. Mee oes 
of resident corporations, . . 


of persons, firms, and corporations, 


byowhom made’... saaane : 
of land and improvements, . 

definitions of “land” 
of personalty and investments, 


definitions of “ personal property ’ 


books used in making, . . . 


time of making and returning, 


how used by the Assessor, 
entries threrein, ... . 


not impaired by mistakes in names of owners or holders, 


maps used in making, . . 


identification of land by reference to, 


. 


. 


. 


. 


. 


additional may be provided,. ... . 
duty of Assessor preliminary to making,. ...... 


not invalidated by failure of Assessor to perform duty, 


property-lists for purposes of, 


and footway 


. 


. 


. 


and ‘improv ements,” 


. 


. 


. 


2 remedied 


. 


. 


* and “investments,” 


crossings, 


. 


— Io J =] 
(=P) 
oo 


O> G Od 


Ss 


Se a eh ee I 


SS SS a 
cr 


t 
rio) 
co 


-- 


=) 


ae 
V_~ 


Co 


~I 7-1 ~1 +7 “I 
1 6 O © OC OD Re) 


Oo 


+ He CO 


ext 


mDmamomea wv 


~ 


7 eh PR RP OO 


al 


Co 


Os OY ‘Ss. Or 


1G22 INDEX, 


TAXES (Continued), 
. without property-sic. .. veiwene uty © ee eee tee 
where names of owners can not be obtained, ... . .... 
where there are more than three joint owners, ..... . 
of particular estates, ... . carat Be a ee Te ne 
of property which has been sold for taxes, . { .). .. 2. % 
GOTTeChIONS/Of NAMES. IN Sh aes ce aah ee ere ne en eee 
eorrection. OL ‘Omissions, =) a) ae wee ee 
retrospective, ... a Lael pte bile tay Wwanctae eee ited Tee ae 
GOaI Plants CONCEIMIN Ges pee. Geena eae oe 
Board of Equalization may approve, reduce, or increase, . . 
of 1876, 1877, 1878, 1879, 1880, 1881, and 1882 remedied, . 
powers of ‘Board of Equalization in reference to, . . . . 
See ASSESSOR. 
Collection, 
of license taxes, 
making out and listing of tax-bills for,.......%.. 


- . . . . . . . . . . . . . . . . . 


time allowed forieting 7 oi. ames ee ee ee 
discounts allowable, .... . * fe fe Pgs SP ied Une co aie 
duty of the Receiver and. deputy aston. os aes eee 
personal visits and:solicitation,) 4.9 stony ene 
POPOLEBS 15 ye ek ER para oe oteuet ee a 
levy of distress, warrantg) 9c 20))a0 i Sebdiw, pat need ere 
from fiduciaries snd agents of non-residents, . .... . 
garnishinent-OF Tents; tesla a, tytn ss eee ree athe neo a 
restrictions as\to-distrain teu. <a c= opr ee ee ee 
relief in cases of unlawful distraints or garnishments, . . 
See RECEIVER OF TAXES. 


Arrears of, 


bills unpaid by May first become debts, bear interest, and are recover- 


able'as suchan. Sipe eye oes ee ee et ele 


delinquent list to be made on May first of the following year, 


suits.1n Chancery to: recoyearunpaid taxes, (nny ee aac, ee 
personal judomenty <4) Se ene et oes 
enforcement: of liens, .°..o Sate ee ee ee 
City to be represented by City Attorney or assistant, . 


1 
litigaticn concerning, to be fully reported annually by City Attorney, 150: 


. 


. 


e 


prior to 1879 to be paid into the Sinking Fund for payment of the 


bonded. debts tds! Se Ae ae) ace rece ee a 
prior to the assessment of September, 18838,........ 
when collected to be paid directly to City Tax Receiver, . . 
Tax Receiver. to collects ie. 2) ee eee 
persons in arrears for taxes placed under certain disabilities, 
Liens for, 
accruing on retrospective assessments; 0. ou sa ee 
loss-of -and. linbility of, Assessor, <2 foue 4 vebee Sah ee ie 
on lands and improvemontsy hy ova ws aien (ane aecn ater eas 
Special, 
poll-tax may be levied by County Levy Court,. . .«. 
tithe-tax may be levied by County Levy Court,...... 
for payment of Bounty Bonds and interest,........ 


ae 


- 


. 


PAGE. 
10 


~~ se SI sy oT) = 


Or 
©} 


jo) =I 


oe ee ee ee 
oc CO Oo 


CO OO 
SY ES 


~T 1 IT ST OT os oT FT tt tt 
Co CO 
a 


CO 1:00 OO =1 
mw www ow 


SxEc. 
8 

10 
10 
10 
14 


10 
10 


INDEX. 


1023 


TAXES (Continued), 

for benefit of School Fund, June 10, 1865, - 

for payment of School Bonds of April 10, 1866,. . . 

for securing Water Subscription Bonds, May 1, 1857, . cae 
for payment of School Bonds of May 1, 1867, et WD ee a 
for payment of interest on Elizabethtown and Paducah Railroad sub- 

scription bonds, . . . ae ee Mane oo 

for payment of City Hall ane MeL AE ee POOL ee Lt | dt 
for payment of interest on Louisville, New Albany and St. Louis Air 


. 


Line wubseription sbomdayy ie ae. ls )ce ai og deh chara i 

for payment of City Institutions Bonds, ...... . 

may’ be levied to pay Street Improvement Bonds of 1866, : 
levy directed to. be made... °.*. « . 


for payment of Sewer Improvement ants and Ww hi wad Pubiad 
Street bonds and interest, . site 

for payment of New Jail Bonds and interest, 

for payment of Road-Bed Bonds and interest, 

for payment of City Hall Reconstruction and Road- Bed ee of 18 
and Intereet Blew cee. at eee ee 

for payment of Reconstruction sae of Tae 1, 1873, 

for payment of bonds issued May 1, 1880 to pay floating debt, ; 

for payment of E. and P. R. R. a bonds of Oct. 1, 1868 and of Jan. 
“ae 1873, oe Joy ave aveas 

for payment of L., N. re a a St. te R. R. City bes of Se ne 1 1873, 

for payment of Improvement Bonds of July 1, 1883, and interest, 

on merchandise for school purposes, . . 

fOr, DOMeNt Ole Ormicih PM Tie Sate ee ere Met 

on express and insurance companies, 


. . . . . . . 


‘apitation tax on colored people for school purposes, repealed, 
Equalization of. See BOARD OF EQUALIZATION. 
Exemptions from. See EXEMPTIONS FROM TAXATION, 
TEACHERS. See ScHOOLS. 


TELEGRAPH COMPANTES, 
requared ito have. license sey itie see iicaMh telat as 
Patent Weense, 3). eee eee 
fine for violating ordinance, ... . « ..« . 


TELEPHONE COMPANTKS, 
required to have license,. ... . 


PSE ee VLCRS ON | “cl Songer eae ’ ; 5 
fire.tor wrelating Ordinance, iit). s os. fereee el a, : 
TENTH WARD, 
DOUMGMALIGN OL, \.tie Laie an! : 
TEN-PIN ALLEYS, 
Pate or license form tous ta tod a eal eae re 
THEATRICAL EXHIBITIONS, 
license for, required, .... 
WACOCDS TOs. 4 ES dies We Seen eee sete Fp eee ; 


THIRD STREET, 
dividing line between Eastern and Western Districts, . . . 


PAGE. 


233 


SEC 


a) 
10 


11 
12 


~J 


1024 


THIRD WARD, 


DOUNGSErICSs Ore eee we le ee 


TOBACCO DEALERS AND BUYERS, 


required to procure license, . . . 
classification and rates, . 

statement of purchases, . .. . 
penalty for violating ordinance, , 


TOBACCO WAREHOUSEMEN, 
required to procure license, . . . 
classification and rates, ..... 
additional license, 
statement of sales, t.. Goin uous 
penalty for violating ordinance, . 

TRADERS, 
in public markets, 

Pate LiCenee. sn 5 oe ee 
fine for not having license, 


TRANSFERS OF REAL ESTATH, 


register of kept by Assessor, . 


duties of purchaser and Assessor as to, . 


TREASURER, 


shall not pay any money except in conformity 


eLalnid. ce, re 
term of office, 
Cathal GDONUs box cobain ene ee 
fixing of compensation, 
GUAIILECRLIONF, Se" Ai erie 
Wacanhcies in OMGe. i). een 
oath as prescribed by ordinance, 


penalty for making or permitting to be pide false entries in booles 


term of office extended,. ... 
SRLATY, 120 Soke 


deposits with on account of sewer connections, 
when shall take charge of Tax Receiver’s office, . 


general duty, . . 


to receive and collect or account for a danves GE acnet to The Cie. 


keeping of books, .... . 
registering and filing warrants, 
duplicate receipts; a. ius «ie 


account:of each fund to be kept separately, 


COUVEersione..1 ee eee a ee 


monthly settlements with the Auditor, . 


deposits in bank, 2. 20.7.0 4. 


TWELFTH WARD 


boundaries of, . . RE os ey 
UNDERTAKERS, 


shall obtain permits before removing corpses for burial, 
present certificates to Health Officer, 
may remove corpses for burial without permit, 


concerning 


PAGE. 


29 


426 
426 
427 
427 


425 
426 
426 
427 
427 


404 
404 
404 


63. 


63 


SEc. 


net 


117 
117 
119 
120 


113 
114 
116 
119 
120 


fae 
bo ot 


i) 


So Or Be CO 


30 


aon PR WwW bd & 


~] 


co oO 


20 


——— 


INDEX. 1025 


UNDERTAKER S (Continued), PaaEt. SEc, 
failing to nents WI UPI oR eh rd er eae ee ee ke wate wt O08 3 
. shall not remove corpses for burial or shipment without permit of Board of 
’ RERUNS, 7 cc ne Ne, em Rr Re Sy ec, (866 18 
“¥ how shall obtain permit, . . . . Fes a eS te ee ee 8 BOG 18 
/ © shall add certain statements to nea CEPELionbes mutile ee eed ech et? 4 te BEB 18 
* UNIFORMS, 
Br PO MMC Bin aim wart thn) eed ie aan Mae NE wee hel. a, «486 24 
UNITED STATES, 
assumes control of Louisville and Portland: Canaly>. 2.5.2.2)...» 2R4 1 
authorized to purchase and hold ground for public buildings,. . . . . . 225 2 
exclusive jurisdiction ceded to, over grounds owned by, . ......... 225 3 
grounds owned by, exempted from State and County taxes, ....... 225 3 
UNIVERSITY OF LOUISVILLE. See Scuoots. 
VACANCIES, 
Mey bes OM Nile, emer Ree a ee ee ete aa was!) os 2 ATS 48 
VACCINATION, 
SRP EGCAULION GOR Neamt Oey Caden co a mies ny Verio 20 8. te alta 5s DOO 14 
fine for non-compliance with ordinancd sla... Mee AY bs, we OOD 14 
measures and means, to be provided by the Board of Foster: Manteo NGe Bebe aah, GeO 15 
instructions as to manner of, to be published by Board of Health,. . . . . 365 15 
ASHIScHTITS We eeituTO nicer Dor DULpOses Orit cats whieh: a ae xt ce) et lc Wane eer OOO 40 
Tie PUBLIC ANU: PriVAle PCNUOIe. © ca mene Ieee fice Sy Gat SW wow Wee's co OUD 42 
See HEALTH OFFICER. 
VAGRANCY, , 
PICA LadL LOL (ia eee Cae ae A toe rea eta anieme D irmis se Seah soe ee KS yy og Lee 74 


VALUATION. See Agstesmann, 
VEGETABLES. See MARKETS. 


VEHICLES, 
Stands for, 

other than hacks, not to stand waiting save in places pieaatee by law, 823 1 
SETEAIN DIAC os AanIe GU HS CCTs perme c Mert wc gee twits) ot eye ian 823 2 

may stand on any street, if next to tee and with permission of 
DTOPCT Ege Oiler Ol Lemar team Mun Umut ee aon i tees robe aes, Sur jp) OOS 3 
reeulation of position arevehicies QeCupyiny, a wees ek et yo B28 4 
POlICe BULDOTILVONL TOLUPeN COOy rd Gurtae a E it ro POP NG AN SO ROR 4 
Perot yvIOt Ne OTA Ce Remco MeLei eset yea st Oe Rut hea et). B24 5 
Mle ict W HI ONLSete es AN ae thas ae en RNR eae os 7 um Ried Sele) Od 6 
Gi POCO GU rir eehe ke Weinman Mes UE Pe Po ile eee ua ee Wl BOF 6 
Gil HIGVentle erOOuaman stein hci, as feiss es Lome hates wee eek OSA 6 
DORIC OLS Wee ONS te Acc. Ui iru ete th one Wels i eos Cae 6 
vehicles and animals not permitted on opposite aide of aresens Pore eee 7 
Dire FOTAVIGIRLIOIOL OLUIMATION, ors ey te Lem a coer ae et ak. oe 8 

permission not applicable to Sundays, but extends to 10 p. m. Sat- 
VITOR VGiee os) oy eal Ades as ¢ AIO RA PL: | 10 

shall not stand on trae Bete een Fifth and Sixth Fe 1 , hor on 
Sixth between Jefferson and Market streets, .. . . Pn S26 11 
MRE LECT SUT OCG tue athe eR)” FN Pode et eres Sse te alee a0 12 
OM aT CGD ETOG ik it eee? sb was Pao oe Ue eh Ca ayers 4 NORD | 12 


65 


1026 INDEX. 
VEHICLES (Continued), . Pace. SEC. 
position of -wagons) 4 y.b y skeet tenn ee ee ee Oe 12 
vehicles and animals not permitted on opposite side of street,. . . 825 13 
fine. for violation of-ordinance, (c.>. 24. ctx Baas ee le ee ee eo 14 
on Secorid Street, ink te op a ae ae eee Se OE comes 15 
on Seventh: Stréet, 2.35 us a el wie allo ee a 2 a ee ee 15 
on. Green Streeth hao" ins "neice tp as tak * ee tn wel) Pe ee ee Ee 15 
pobition of WAGONS, 7 40M tied a ree Rien eels Le Siglo eLOLO 15 
vehicles and animals not Ai = on east ae a Basént Siteet . 826 16 
fine tor. violation of Ordinance ng). <5. cee eeee Ae oes aaa 16 
permission notapplicable fo. Sundays, vas... eres a tee eee ee 18 
schedule of levaldrayagers ve svelte seh: ota emo 1 eee ae ence 19 
fine for violating ordinance, | 2syet. | ars meme tin antes Fe apne Semen es ns 20 
numbering of VOnicless i"). Fe eee, va a eee Ve ase erence nee ge en ee es 21 
DOW POSEEG, dale! co: Maem mipmiin en igh Mee hen tay Mee Pa Ani cli eral 30 
power of the Council as taj.) - 00) 6 hee ms, i ty eed ee er ee 
fine for altering or misrepresenting numbers, . . sti...) 4 ©. we Oar 22 
fine for riimningsuniicensea vehicles,” ae ou a ios eo a cs eh ee ce 23 
driving of wehicles regulated, pu. fo. Gen how) © ee cee ee ee oa ee 24 
liability and-fine for wiolating ordinance,” Vo 256s) tikes hee ey 25 
weights of loads and widthe Of tines, +. 925 « sscrc. ssn? a ee ea eee ee 27 
sehedule.as to four-wheeled vehicles,» A. 2atou «arses eee en ee ee ee 37 
schedule as two-wheeled vehicles...) 19) Geto ee ah a ee ae 28 
when schedule weights may be exceeded,. . . . nel (adh ee hod tt ees Re D 29 
maximum weights and name of owner to es inaieeees on v ahicles At eee, 30 
policemen may weigh Toads ice sey oe: street le Mar one eeu ral cy ee 31 
duty of License Inspeator as to-yebiciés, 0a. We oe ee ee 32 
fine for violation of ordinance, ..... fic ete Din ty yin IS AE) 38 
certain four-wheeled vehicles may exceed kneels TALOS, Siro latean oaks Teen tered 34 
drivéfs of regulations concerning, i si )s> 1, Nar tects atom) eens one ee ace 75 
shall not be absent from their vehicles while same are in motion, . . . 294 76 
on ferry-boats between Louisville and Jeffersonville, may be regulated and 
controlled by the person in charge of the boats,. . ....... 294 it 
shall not be placed or left on sidewalks during night, .......... 522 27 
shall not go on sidewalks except for egress from or ingress to premises, . . 522 28 
See Hacks. 
VETERINARY SURGEONS, 
required ‘to have license, 4) 4yis. ese ed Sake Locsin cain cae ae ae ee eae dd 122 
rate of litense,:.* s7.* 75 cee Core os canon, Vane ete re eee et ne en re va 
finé.for: violating ordinances Pic. .awaliie neces ce ee ee 122 


VETO, ; 
by. the Mayor, s2.00 07 26 ay te eth set een ace aoe i Sm ee es ie 10 


VOTERS. See REGISTRATION. 
WAGONS. See VEHICLES. 
WALLS. See BUILDINGS. 


WARDS, 
division: of. ‘The: Gity “into, authorized... tee (ay. bene et eee ee eee 3 
boundariesof First: Ward icectivs a beeen ed ee) ee ene 9 


Second “Ward, 39) Ske Bets hab eek PUR ee ea ie a 10 
Third *Wiando3o 07 s008 Ss et be Ca ee seuss en) 11 


ee 


INDEX. 
WARDS ( Continued), 7 PAGE. 
ERE Rree VVNATLg force PUM et eee Ma URE tae GORE Gr a tt at cs oo vey Cael 
EERGba NY GLC. it ae eek eee ee Oh eles MOP De alT coos dette vb. ts 2 ae 
BREET VV BEG, cn pels Mee ate ets OM wir tet ol A Rarte ean Stace eo fens 8) 
Seventh Ward, Pe EE arte Caer Grn les a ra ee le a 
Hay esi Vat ata, cle TT ag ee te ee Kt te ices OO 
WESTIE VVU ri ee ce ceed eee Oe LET A CoP Es Es oes | OL 
GGG hy VRE ae a Aon Ce eR RSE Oe eer Sa, OL 
Eleventh Ward, ee eae rar eel at sels OL 
Et AG mms elas ot. eae Ria be MATE Pel cee NY ae goo) 4s)" OD 
WAREHOUSEMEN, GRAIN, 
posting of rates of storage and charges for receipts and deliveries, . . . . 888 
not responsible for Ines or damage by Me, awe. cee wee ea 8” 388 
not responsible for loss or damage from heating, ...... 388 
shall deliver out grain of each grade in order of time received,. . . .. . 388 
duty of with reference to grain in store, either out of aaron or becom- 
LIED SU, ver Ae ee eee) | MURR eee JE tL: eis det cs Sea ea, MOO 
not relieved from exercising care and vigilance. patie e rapwat te 388 
sHall be held to common law responsibility for negligence, ae aes may 
We Rey Oe mea a! eis eed, | eae SS RR ei the, Sa OO) 
SHIGE ADAUCHOM Wyse it ce hana Ae ee. oa ee ARR ee ote, POR ties ss 390 
WAREHOUSEMEN, TOBACCO. See Topacco WAREHOUSEMEN. 
WARRANTS, 
SUL CH TE WAR Ye LU ICOTS A Mines hcp sie cm RET gO de abe) ise el te Pattee! al roe 
Gocetict= beenuditore. © ih serena mere ete UNECE tes ei no 14 
epparis, Of Oy tae Auditor. Sec none oe ene Bie ei 14 
Dimers tial er Be wWilheen mage nae Wl Udeg a (A eric silt. tet oats ee 4 LALO 
none to be drawn on Treasurer except for claims stlewas or duly cer tified: 151 
none to be drawn unless there are funds applicable to_ payment of, . . . . 151 
none to be drawn except in conformity with the ordinance concerning claims, 154 
WARRANTS, APPORTIONMENT. See APPoRTIONMENT WARRANTS. 
WARRANTS, DISTRESS. See DistREss WARRANTS. 
WARRANTS FOR ARREST, 
in misdemeanor cases, may be issued by Clerk of City Court only, ... . 189 
SeNeo Clerk TeTuses: (tetas WO. caieg eens A Mein wats cl) feelers toc. L8O 
This ve BeOReCUTEK Dy DOMCOMON te) car amram ie aA ltd 9 evn aca be ha Pee sh ee, LOR 
unnecessary in cases of offenses against City laws,. ..... 484 
WATCHMEN. See Porice. 
WATER, 
UilawiGlivetakine trom Mi ble tishernin, 0s casi ae sng oa RP ketene tides! ZT 
willfully and unlawfully using or wasting, how punished,. . ... . . _ 295 
throwing or depositing impurities in the reservoirs, fine for, . .. . . . . 295 
mHELe OL 1 Sprink Mii PweLreots PTOULMtedg sca. asl, Now ks ela kee ve OEE 
City authorized to pay for at. contract price, .... 1... 5 ss 701 


See LOUISVILLE WATER COMPANY. 
WATER COMPANY, LOUISVILLE. See LovuisvitteE WatrrR Company. 
WEIGHER, CITY. See Ciry WEIGHER 


WEIGHTS. See Ciry WEIGHER. See SEALER OF WEIGHTS AND MEASURES. 


1027 


SEc. 
12 
13 
14 
15 
16 
17 
18 
19 
20 


7 


>, 


~jI -I ~1 ~1 
te 


Cr 


28 


102 ~ ; . AIR DEX: 


WELLS, PUBLIC, . Page. SEC 


Council may cause’ digging and. walling yao tesla. re ee eee eg ] 
apportionment Of. costae) 2-5 alte pike: el eee blot pte eee Nn 12 
lienon lotsfor paymien or icosts,) "03-959 sin a wre hades ot ee 1 
when walled with cement-pipe, how work to be executed, . ...... . 142° 4 
when walled. with: brick):-how  work:to' be executed; 27. .))) 7a as eee 5 
when walled. with galvanized iron pipe, how work to be executed, . .. . 148 6 
cleaning and keeping in order, contract for, ... . aia rte Sy Ste 7 
notice and inspection before receiving as completed harder eorace ys ROS 5 


WEST-END TRANSPORTATION. COMPANY, 


INCOPPOTALION, <..4 4. e's Se RAS LR, CES. PL NIAY te Caer ie aad ee Ce aa ae 50 
authority to build ane operate a me of street rail way,), 50 -rue secs ee ee 51 
permission andi eomtracty: Met slip) eile hale amd os yay eee nee Sala ei re ra 52 
terms. of construction: anid ‘operation, 231 Gs be. .heie ooh sla econ a ems rene te 58 
right to: condemn land +.) i wens ar Be ig iat Cee: OR Lee eee te cea 55 
may use tracks of the Lites ille City Ratti ay Goon BIL Yy Vo atic eine sce ect te re ae 55 
Capital stock, Wycee pel ec ergs let eee fa on Hale Pat att A gO OE Gt es 56 
board of directorsg4e lis) Silk Leak cles Gey Dea ee ican eta ala a 57 
WESTERN DISTRICT, : 
establishment of, i40.0<05, se aS Saher ap a ne ol ca 7 
WESTERN OUTFALL SEWER, 
City bonds for the construction of, . 252 26 
tax ‘to pay-prineipal-anditnterest, | s/s «oti van A te ot nt ate a eh 27 
appropriation of proceeds, : . 264 28 
WEST LOUISVILLE CEMETERY, 
provisions for discontinuance of 27 ie holt cek ean tle oe ea ee 48 
suit'in Chancery Courts Soe, RR MRT Mey Mec ey ee Py oy 48 
parties to and determination of Hise BULGE), kilas oc Rel hhc td, oe 49 
lot of “Mary..W hipple excepted, 2 4/5 Gas 60 inte icettrane ist eye Se te 50 
exhumations and reinterments, <0. 1a. By ips) ln ee eee ae 51 
WHARFAGE, 
rates of for various, kinds OF oats, 1s ean, ee eee ee oe 35 
unfinished boats or those undergoing repairs, not ealoes . 51s Che ce eR bee 36 
boats at anchor in-the:-harbor‘shall :paye..) 4) 79. vena oe Or 40 
neglecting or refusing to ‘pay, ne for Jin. e © obec ante ee ee 41 
WHARFMASTER, 
permission of, necessary before placing of obstructions in the Ohio River, . 288 57 
may require removal of obstructions in the Ohio River, ........ . 288 57 
election and ‘termicte 7 ee. te eee at ie eee ea 11 
Council. to prescribe duties, <4 cox eee lee Coe ey ae we a a 11 
bond and oath tequiréd, 2. “tee ye eas | mee ieee eile ate oo an ek al 
term extended, Re enon em eh ARO Ue ye Ree Mime om a eo TM ah 5 20 
Baler yi. dyene tian b gatkl eee usu to: Pa hiceg- ines PEt ce oll Danae Chains ea eat enna 33 
Sinking Fund Eee with he Areas Sewn pare ae. Mm ey pr fe Ss 20 


location of office. a uch-.. Reale TE eh oe eee aor nae ee See a? 23 
deputies...) 0 2p is oo yak est waa all se eect te eMac ic ak Mi nee ee a re 23 


peneral duties) > wind. one rer Cate wdc LUV ote DEP EL: pen ERE nema AO ad 24 
shall control the mooring and. unmooring of boats, . 9... 2)... 869 25 
book to be kept by for registering tonnage, @te.,;. 2. /.- sd eee BG 26 


shall keep account of wharfage, fines, ete) 4). see hale) eae ee 27 


INDEX. 


WHAREFMASTER ( Continued), 


shal pay, repaints mie pinkimm Winds iha ce aii hess alpen 2) Feed ee See Dw) Pte 


resruletish-Or Private WhAarrDOntiages iia cores a1Le sgh anh, Wal kiys yr bes Laas) tes 
tertgas pice. Bball be-Lwo yerns.. 9 ont yen wheter kee gens os) tee ore 
compensation, . . cyte tes RAMAN eng A See ue Ps ee 
may designate landing-place for any atl line of steamboats, ..... 
boats not giving place as directed by, subject to fine,. ........ 
failure to pay wharfage to, fine for, ..:.. ...°. Le ee Rees 
rafts and lumber shall not land at wharf below First Street, except by con- 
BBINGC UL cep tants se mraaige isc ge Geciete Dud Pomsen ae he Guy vee ie les Cask adgs 
power-of the Council in reference to. . ... 2... : aaa nets 
WHARVES 
Council SANGER to buy or lease and improve ground to be used for, 
Veiake ator ob} hile oo arcs ky Crary) Ol Meer gaa eka UTR MC ete ele 
ordinances directing purchase of ground for Pisa purposes, fee passed, . 
City bonds may be issued to pay pleats money, - : = Av Atma’ 2 Sy Es 
purchase money and expenses of improvement may be Syetee to the gen- 
eral revenue or to Sinking Fund. ....... “ries ACM ouee 
authority for City bonds for buying and improving Pounds for hare and 
BFeTed a Ob a eit Bie Ree A Bee ater 5g eri Aa yey Bee VAS 
purchase of Strader & Thompson’s wharf approved and confirmed. . . 
purchase of grounds from John Rowan’s heirs and devisees authorized, . 
various tracts on river-front authorized to be purchased for wharf purposes, 
‘purchase of various tracts along the river-front directed and at stated prices, 
City bonds authorized to pay for such purchases, . . 2... . 
if not purchaseable, land may be vondemned,. . . . . aes 
alireyenuee trom, waa Fou PINK IN ee NC ee oe Am sa's lo sesh ie anes 
improvement of, above Clay Street, provision for, sane 
AOPIO DIO uORT Olea mia le eter ce ey ee tate aT ame moth ere eel aS 7 
lands subject to inundation from Ohio Re er may be leveed under direction 
DUEL NOOO meee ee Nr Mrs ss ac GEKA gt) Lee Me lee tae a ess 
steamboats, barges, keelboats, flatboats, and coalboats landing at, rates of 
WTLUCL A AOE ele emis Han ak | wel Catt. Wied hat Os a hel? Seyap he! Oe ‘« 
boats unfinished or undergoing repairs landed at, not Railsient to wharfage, 
landing places at, for daily lines of of steamboats, ....... ha 
rules-and regulations governing all boats landing at, ......4... 
keelboats, barges and flatboats shall, if ordered, give place to steamers, * . 
it Pine OL Strebing, renal py tory . sete tcmeiume Ny jk sha Up ce ee, oye 
boats with infectious or contagious disease ntaard shall not be allowed to 
land at. without, permikot- Health Otmicer) 404.5 alee 
WITNESSES, 
not allowed attendance fees in City Court unless they live beyond City limits, 
living beyond City limits, allowed same fees as in Circuit Court,. .... 
in trial of violations of registration law, ...... FREE ty gee ae 
WOOD, 
measurement of standard cord, . .......... : : : 
CIASSORCOL) Ss Bat Vigt Shkal, © Paha: aor «8 ee. a es 
SUUW ER AOI Ol Tee a er a erie eee ye he Mt Bais) a Aahe Sg tg 


WOODEN-BLOCK PAVEMENT. See IMPROVEMENT oF PUBLIC WAYS. 


WOODEN BUILDINGS. See BuILpINGs. 


1029 


PAGE. 


869 
&70 
870 


SEC 


1080 INDEX. 


WORKHOUSE, 
controlled and managed by the Charity Commissioners, 
convicts in, shall not compete with laborers outside of Wor chose 
shall work on public property only, 


prisoners in, may have time deducted from terms on era of bod con- 


duct, 
keeper of, shall make SC antnte pebriaele 
premises and lands defined,. . . ... 
who may be committed to, 
duties of keeper, 
regulations concerning, . . , 
statement of expenses to be Aan e 
authorized to employ quarrymen, 
City bonds for purpose of building, 
WORKS, PUBLIC. See ENGINEER. 
WYCKOFF PAVEMENT. See IMprovEMENT oF PuBLic WaAyYs. 
YEAR, FISCAL, 
beginning and ending of, ke 
YOUNG MEN’S CHRISTIAN ASSOCIATION, 


property of, exempt from taxation, . 
ZANE STREET, 


right of way through granted Louisville and Nashville Railroad Co., . 


47 


58 


ps 
Chass 


Py 


3 011 


UNIVERSITY OF ILLINOIS-URBANA 


2 9 


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